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What is a Circuit Layout?
Governed by the Circuit Layouts Act 1989 a 'Circuit Layout' (CL) means a representation, fixed in any material form, of the three-dimensional location of the active and passive elements and interconnections making up an integrated circuit.
How is a Circuit Layout protected?
An original circuit layout per se is covered by the Act, and also as an Integrated Circuit made in accordance with the original layout or a copy of the original layout, or a device including the IC.
What rights are provided by Circuit Layout rights?
The exclusive right to do an act in relation to an ''eligible layout"*, or an integrated circuit made in accordance with an eligible layout (whether or not the IC is in another thing), includes the right to authorise another person to do that act in relation to the eligible layout.
The owner of CL rights has the exclusive right to:
- Copy the layout, directly or indirectly, in material form
- make an IC in accordance with the layout or a copy of the layout
- exploit the layout commercially in Australia
- 10 calendar years from first commercial exploitation if layout was first commercially exploited within 10 calendar yrs after the calendar year in which layout was made; or
- in any other case - 10 calendar years after the calendar year in which the layout was made.
Thus, if the maker does not exploit the rights within 10 yrs of creation of CL, the right to exploit is lost.
Administration
The Circuit Layouts Act 1989 and amendments thereto are administered by The Attorney General's Department.