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Chapter: | 445
 | Title: | LAYOUT-DESIGN (TOPOGRAPHY) OF INTEGRATED CIRCUITS ORDINANCE | Gazette Number: | 25 of 1998; 22 of 1999 |
| Section: | 2 | Heading: | Interpretation | Version Date: | 01/07/1997 |
19, 20, 21, 22, 23
Remarks:
Amendments retroactively made - see 25 of 1998 s. 2; 22 of 1999 s. 3
(1) In this Ordinance, unless the context otherwise requires-
"commercially exploit" (商業開發) includes, by way of trade-
- (a) to sell, let for hire or otherwise dispose of;
(b) to offer or expose for sale or hire or otherwise offer to dispose of or expose for the purpose of disposing of; or
(c) to import for the purpose of sale, letting for hire or other disposition;
"designer" (設計師), in the case of a computer aided design of a layout-design (topography), means the person who made the arrangements for the creation of the layout-design (topography);
"exclusive licence" (專用特許) means a licence in writing signed by or on behalf of a qualified owner authorizing the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right that would otherwise be exercisable exclusively by the qualified owner;
"Government use" (政府徵用) means the doing of anything by virtue of the application of sections 19 to 23 that, but for the application of those sections, would be an infringement of a qualified owner's rights under this Ordinance; <* Note - Exp. X-Ref.: Sections 19, 20, 21, 22, 23*>
"integrated circuit" (集成電路) means a product, in its intermediate or final 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 and on, or in or on, a piece of material and which is intended to perform an electronic function;
"layout-design (topography)" (布圖設計(拓撲圖)) means the 3-dimensional disposition, however expressed, of the elements of an integrated circuit (at least one of which is an active element) and of some or all of the interconnections of an integrated circuit, or such a 3-dimensional disposition prepared for an integrated circuit intended for manufacture;
"protected layout-design (topography)" (受保護的布圖設計(拓撲圖)) means a layout-design (topography) that is protected under section 3 and, in sections 19 to 23, includes an integrated circuit in which the protected layout-design (topography) is incorporated; <* Note - Exp. X-Ref.: Sections 19, 20, 21, 22, 23 *>
"qualified owner" (合資格擁有人) means-
- (a) a qualified person who, under subsection (2), is the owner of a layout-design (topography); or
(b) a person who, under subsection (2), is the owner of a layout-design (topography) which was not commercially exploited anywhere else in the world before it was commercially exploited in Hong Kong or in a qualifying country, territory or area,
- (a) a natural person-
- (i) who is domiciled or ordinarily resident or has the right of abode in Hong Kong or in a qualifying country, territory or area; or
(ii) who has a real and effective industrial or commercial establishment for the creation of layout-designs (topographies) or for the production of integrated circuits in Hong Kong or in a qualifying country, territory or area; or
- (i) the domicile, place of incorporation or place of formation of which is in Hong Kong or in a qualifying country, territory or area; or
(ii) which has a real and effective industrial or commercial establishment for the creation of layout-designs (topographies) or for the production of integrated circuits in Hong Kong or in a qualifying country, territory or area,
"reproduce" (複製), in relation to a layout-design (topography), includes copying the layout-design (topography) so as to make an integrated circuit exactly or substantially to that layout-design (topography).
(2) Subject to an agreement to the contrary, the owner of a layout-design (topography) shall be determined as follows-
- (a) where the layout-design (topography) is not created in pursuance of a commission or in the course of employment, the designer of the layout-design (topography) is the owner;
(b) where the layout-design (topography) is created in pursuance of a commission, the person who commissioned the layout-design (topography) is the owner; and
(c) where the layout-design (topography) is not created in pursuance of a commission but is created by an employee in the course of his employment, the employer is the owner.
(Enacted 1994)