Protection of Layout Designs of Integrated Circuits in New Zealand
[ Last Updated 4 January 2006 ]
Contents
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What Are Layout Design Rights?
In New Zealand, protection is provided for the layout design of integrated circuits through the Layout Designs Act 1994 ("the Act"). Layout design rights protect the layout of semi-conductors and integrated circuits.
International Layout Design Law
In 1989, an international treaty, the Treaty on Intellectual Property in respect of Integrated Circuits was signed in Washington DC. New Zealand is not a party to this treaty. The Washington Treaty was, however, incorporated into Article 35 of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) and as a Member of the World Trade Organisation (WTO), New Zealand is a party to the TRIPS Agreement.
What Qualifies for Layout Design Protection?
In order to qualify for protection under the Act, the layout design must meet the definition of "layout design" or integrated circuit" under the Act and it must be original.
The term "layout design" is defined in section 2 of the Act as meaning "the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections, of an integrated circuit; and includes such a three-dimensional disposition prepared for an integrated circuit intended for manufacture". This definition identifies the characteristics required for layout design protection.
The term "integrated circuit" is also defined in section 2 of the Act as meaning "a circuit, in its final or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in or on a piece of material and that is intended to perform an electronic function". This definition identifies the characteristics required for layout design protection for an integrated circuit.
In New Zealand, protection under the Act may coexist with any patents that are granted under the Patents Act 1953. The definition of "artistic work" in section 2 of the Copyright Act 1994 expressly excludes layout designs and integrated circuits from attracting copyright protection.
What Does Not Qualify for Layout Design Protection?
Under section 6 of the Act, a layout design is not original, and therefore layout design protection is not available, if its making involved no intellectual effort by the maker.
Rights Conferred by a Layout Design Right
The owner of a layout design right has the exclusive right to:
- copy the layout design, directly or indirectly, in a material form;
- make an integrated circuit in accordance with the layout design or a copy of the layout design;
- commercially exploit the layout design in New Zealand.
Under section 2 of the Act, a layout design is commercially exploited if the layout design, a copy of that design or an integrated circuit made in accordance with that design is:
- sold;
- hired;
- offered for sale; or
- imported for the purposes of sale or hire.
How Long Does Layout Design Protection Last?
The Act gives the owner of a layout design protection for ten years for the date when the layout design was first commercially exploited where this occurred within the first five year period after the layout design was made. In other cases, the owner receives protection for fifteen years from the date the layout design was made.
How Do You Protect Your Layout Design?
Under the Act, layout design protection arises automatically when:
- the layout design is first commercially exploited in an eligible country; or
- the layout design is first made by a resident of an eligible country.
Therefore, registration of layout designs is not required and no formal system for the registration of layout designs exists in New Zealand.
Eligible countries are those where New Zealand and the other entity are both parties to an international agreement or arrangement relating to the protection of layout designs or where reciprocal protection for layout designs is available in both entities.
Further Information
Contact Details
Latest Developments
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Useful Websites
→ Useful Intellectual Property-Related Websites
Legal Advice
The Ministry of Economic Development is not able to provide legal advice. If you have concerns about your legal position, please contact a legal professional familiar with the law relating to intellectual property. You can search for an intellectual property lawyer in the following places:
- in the Yellow Pages;
- on the website of the New Zealand Law Society where you can find the district law society nearest you. The district law society may be able to assist you in finding a legal professional; or
- you can view the list of New Zealand registered patent attorneys on the IPONZ website (Go IPONZ → Information Library → Patent Attorney Information → Registered New Zealand Patent Attorneys).
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