Hong Kong Ordinances

LAYOUT-DESIGN (TOPOGRAPHY) OF INTEGRATED CIRCUITS ORDINANCE - SECT 2

Interpretation

(Past version on 30/06/1997).

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;

"court" (法院) in sections 20 to 23 means the Court of First Instance; <* 
 Note
- Exp. X-Ref.: Sections 20, 21, 22, 23 *> (Amended 25 of 1998 s. 2)

"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, and includes a person, whether
        or not he is a qualified person, who is a successor in title to a
        qualified owner of the layout-design (topography);

"qualified person" (合資格的人) means-

   (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

   (b)  a person other than a natural person-

        (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, and includes the
               Government of Hong Kong and the government of a qualifying
               country, territory or area; "qualifying country, territory or
               area" (合資格國家、領域或地方) means a country,
               territory or area designated by the Chief Executive under
               section 24; (Amended 22 of 1999 s. 3)

"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.

(3) A qualified person can be a qualified owner even if he shares ownership
with a person who is not a qualified person. (Enacted 1994)

"commercially exploit" (商業開發)

"court" (法院)

"designer" (設計師)

"exclusive licence" (專用特許)

"Government use" (政府徵用)

"integrated circuit" (集成電路) "layout-design (topography)"
(布圖設計(拓撲圖)) "protected layout-design (topography)"
(受保護的布圖設計(拓撲圖))

"qualified owner" (合資格擁有人)

"qualified person" (合資格的人) "qualifying country, territory or area"
(合資格國家、領域或地方)

"reproduce" (複製)