Industrial Design Layout - Designs of Integrated Circuits Act 2000
Industrial Design Layout - Designs of Integrated Circuits Act 2000
Industrial Design Layout - Designs of Integrated Circuits Act 2000
Musbri Mohamed
DIL; ADIL ( ITM )
MBL ( UKM )
1
Society values the creative fruits of
the human mind, as they enrich the
fabric of life for all its members.
2
Way back in 1883, the first multilateral convention
known as the Paris Convention for the Protection of
Industrial Property was concluded.
3
The Paris Convention, concluded
in 1883, was completed by an
Interpretative Protocol in Madrid
in 1891, revised in Brussels in
1900, in Washington in 1911, in
The Hague in 1925, in London in
1934, in Lisbon in 1958 and in
Stockholm in 1967, and it was
amended in 1979.
4
TRIPs, which was signed in Marrakesh in April 1994 as an annex to the
Agreement establishing the WTO, is probably the most significant
development in international IP law so far. The IP regime that was created
in the 1880's based on the twin foundation of the Berne and Paris
Conventions (which later came under the administration of the WIPO, has
been subsumed by a regime based on the TRIPs Agreement under the
supervision of the WTO.
The TRIPs Agreement adopts portions of the Berne, Rome and Paris
Conventions and the Washington Integrated Circuits Treaty in enun-ciating
norms for IP laws. In addition, it provides for the administrative and
judicial enforcement of IPRs and includes provisions for border control of
the trade in infringing goods.
5
The gist of k-economy pursue by Malaysia is to go
on making innovations and creating newer and
newer products and services through research and
development in all sectors of the economy.
6
The Second Industrial Master Plan ('IMP2') was
launched by the Federal Ministry of International
Trade and Industry in November 1996 to provide
strategic guidelines on industrial policies. One of the
strategies outlined in IMP2 encourages manufacturers
to embark on high value-added activities in Malaysia.
7
What is an industrial design?
8
Why protect industrial designs?
Industrial designs are what make an article attractive and appealing; hence,
they add to the commercial value of a product and increase its
marketability.
When an industrial design is protected, the owner - the person or entity that
has registered the design - is assured an exclusive right against unauthorized
copying or imitation of the design by third parties. This helps to ensure a
fair return on investment. An effective system of protection also benefits
consumers and the public at large, by promoting fair competition and
honest trade practices, encouraging creativity, and promoting more
aesthetically attractive products.
Protecting industrial designs helps economic development, by encouraging
creativity in the industrial and manufacturing sectors, as well as in traditional
arts and crafts. They contribute to the expansion of commercial activities and
the export of national products.
9
It is a well-known fact that in the past
several decades, intangibles are fast
becoming the major assets with significant
impact on the value and growth of many
companies.
10
In 1994 and 1995, Mansfield had carried out the oft-
quoted surveys among various US, Japanese and German
firms to find out the relationship between IPRs protection
and investors' decision to inject foreign investment into a
particular country.
11
How can industrial designs be protected?
Depending on the particular national law and the kind of design, an industrial
design may also be protected as a work of art under copyright law. In some
countries, industrial design and copyright protection can exist concurrently. In
other countries, they are mutually exclusive: once the owner chooses one kind of
protection, he can no longer invoke the other.
12
How extensive is industrial design protection?
13
Universities and other institutions will continue to
contribute to the training of the persons who will be
the legislators, judges, administrative officials, legal
practitioners and even teachers and researchers, of
tomorrow.
14
Four types of intellectual property courses are typically
taught at the university and law school level.
These are :-
Survey Courses,
Specialized Courses,
Advanced Seminars and
Practice Courses.
15
Survey Courses are basic, broadly focused courses, which are intended to give
an overview of the various fields of intellectual property law, with enough
specific facts to interest students who might decide on a speciality in
intellectual property. Survey courses, which may be titled, for example,
“Introduction to Intellectual Property” or “Patent, Copyright and Trademark
Law,” are popular with business and Government students, who are looking for
an economic perspective on the protection of the creations of individuals.
The teaching of survey courses is especially suited to lecturers who are just
starting to teach intellectual property — they may learn, along with the
students, the breadth and complexity of intellectual property protection.
However, many experienced teachers who specialize in intellectual property
enjoy teaching survey courses because they find that the interaction with
students from a wide range of backgrounds continually broadens their
perspective.
16
Specialized Courses focus in-depth on a single field of
intellectual property. Specialized courses carry titles such
as “Introduction to Patent Law,” “Copyright Law and
Practice,” “International Trademark Law,” “Intellectual
Property Licensing,” “Unfair Competition,” etc. These
courses convey the particulars of the field of law under
consideration, including a study of the statutes,
regulations and procedures involved. Court interpretation
of the law and judicial doctrines in common law
countries, procedures for applying for and obtaining
rights, and procedures for enforcing rights are some of
the topics which would be addressed.
17
Advanced Seminars are designed for students who have taken
a specialized course in a particular field, and are prepared to
learn more detail about one or more particular aspects of that
field. An example of an advanced seminar in the patent field
might be a course which examines the history of the protection
of an invention, from the time that a patent application is filed,
through the process of examination and issue of the patent by
the Patent Office, and through all stages of enforcement of the
patent through litigation in the courts. In this way, the student
would learn the practical application of the principles of patent
prosecution and litigation that were learned in a general form
in the specialized patent course.
18
Practice Courses focus on the actual steps that an
attorney would take in practice to obtain and
enforce intellectual property rights. Courses such as
“Patent Office Practice,” “Copyright Litigation”
and “Trial Advocacy for Intellectual Property
Attorneys” challenge students to do the very things
that they will be asked to do in their legal practice.
Practice courses are often best taught by practising
attorneys as adjunct teachers, who will be teaching
the things that they are currently doing in their daily
work.
19
Under the Hague Agreement Concerning the
International Deposit of Industrial Designs , a
WIPO-administered treaty, a procedure for an
international registration exists. An applicant can
file for a single international deposit with WIPO or
with the national office in a country party to the
treaty. The design will then be protected in as
many member countries of the treaty as desired.
Design rights started in the United Kingdom in
1787 with the Designing and Printing of Linen Act
and have expanded from there.
20
India
21
Canada
22
Europe
23
United Kingdom
24
United States
U.S. design patents last fourteen years from the date of grant and cover
the ornamental aspects of utilitarian objects. Objects that lack a use
beyond that conferred by their appearance or the information they
convey, may be covered by copyright -- a form of intellectual property
of much longer duration that exists as soon as a qualifying work is
created. In some circumstances, rights may also be acquired in trade
dress, but trade dress protection is akin to trademark rights and
requires that the design have source significance or "secondary
meaning." It is useful only to prevent source misrepresentations; trade
dress protection cannot be used to prevent others from competing on
the merits.
25
Japan
26
In Malaysia the Layout – Designs of Integrated Circuits Act 2000
which gives protection similar to copyright and patent right in respect
to original circuit layouts for integrated circuit. These right are
electronic layouts (EL) rights.
The person who first makes an eligible layout is the owner unless he
or she did so as an employee, in which case the owner is the
employer.
27
Integrated Circuit
s.2 LDIC 2000
28
Important Elements
29
Originality
30
Qualification s.6 LDIC 2000
Natural Person
National or domicile or resident of Malaysia or
qualifying country
Legal Entity
Incorporated or formed in Malaysia or in
qualifying country
Government
Government of Qualifying Country
31
Reduce to material Form
32
Registration
No registration required
To enforce the rights of a right holder, evidence must be
submitted by affidavit to show that:s.18 LDIC 2000
The lay-out design is a protected one;
The plaintiff is the right holder
Ownership s.7 LDIC 2000
Creator
Commissioned work is the commissioner
Under employment is the employer
33
Duration of Protection s.8 LDIC 2000
34
Exclusions s.11 LDIC 2000
35
Remedy s.13,15,16 LDIC 2000
Delivery up
s.15 LDIC 2000
36
Universities and technical institutes must
receive appropriate guidance so that
technological achievements are more widely
known and disseminated, not only to other
researchers, but applied in industry. In this
way they can be better used, and can best
justify the time, skills and other resources
expended on them.
37
The process of intellectual property teaching and
research can only be effective if sufficient resources
are committed to them and to the effective
organization of educational and research programs.
38
A comprehensive syllabus covering the entire
course should be presented to the students on
the first day of the class.
Thank you.
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