Chapter 2 Protection of Layout-Designs
Part 1 Application for Protection of Layout-Designs
Section 6 Layout-designs eligible for protection under this Act are as follows;
(1) a layout-design which a designer has created by himself and is not commonplace in the integrated circuit industry;
(2) a layout-design which a designer has created by combining elements, interconnections of layout-designs or integrated circuits that are commonplace in the integrated circuit industry in a way of resulting in the layout-design which is not commonplace in the integrated circuit industry.
Section 7 A layout-design designer shall have a right to apply for protection of a layout-design under this Act.
Section 8 A right to apply for protection of a layout-design created by a designer in a capacity as an official or employee shall belong to that official or employee unless otherwise agreed in writing.
In the case where the designer has created a layout-design in the course of commission, the employer shall have a right to apply for protection of the layout-design, unless otherwise agreed in writing.
Section 9 A state agency, state enterprise, local government organisation or other state authority which is a juristic person shall have a right to apply for protection of a layout-design created in the course of its service contract or according to its order or under its control, unless otherwise agreed in writing.
Section 10 A right to apply for protection of a layout-design is assignable and transferable by way of inheritance. The assignment of the right to apply for protection under this Act shall be done in writing bearing signatures of the assignor and assignee.
Section 11 If two or more persons have jointly created a layout-design, they shall have the right to apply for protection of the layout-design jointly.
In the case where any joint layout-design designer refuses to participate in the application for the protection of the layout-design or cannot be contacted with or has no right to apply for the protection thereof, the other layout-design designers may apply on behalf of themselves for the protection of the layout-design jointly created.
The joint layout-design designer who did not participate in the application for the protection of the layout-design may subsequently make a request, by filing an application together with an evidence proving that the applicant is an actual joint designer, to participate in the application for the protection of the layout-design at any time before the issuance of the layout-design certificate to the joint designer who previously has filed the application for the protection. A competent official shall investigate whether the applicant is a joint designer and then shall report to the Director General for making a decision. In so doing, the date of the investigation shall be notified to and a copy of the application shall be sent to the applicant for the protection and the other joint applicants for the protection of the layout-design.
The joint layout-design designer shall have a right to appeal against the Director General’s order to the Board within ninety days as from the date of the notification thereof. The appeal shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.
When the Board has given a decision, the joint layout-design designer who disagrees with the Board’s decision shall have a right to bring the case to the Court within ninety days as from the date of the notification thereof. In the absence of instituting an action within the prescribed period, the decision of the Board shall be deemed final.
The filing of the application and investigation under paragraph three shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.
Section 12 In the case where two or more persons has independently created the same layout-design, a person who first filed the application for protection shall have a right to apply for the protection thereof. In the case where the applications have been filed on the same date, the applicants shall enter into an agreement on whether the right to apply for the protection should be given to any of them exclusively or to all of them jointly. If no agreement has been made within the period prescribed by the Director General, the applicant who first filed the application for the protection on that day shall have the right to apply for the protection
Section 13 A person having a right to apply for protection of a layout-design under this Act shall possess any of the following qualifications:
(1) being of a Thai nationality or being of a juristic person whose principal office is located in Thailand;
(2) being of a nationality of a country which is a party to an international convention or agreement on the protection of layout-designs of integrated circuits to which Thailand is also a party;
(3) having domicile or place for carrying out a real and effective business relating to the creation of layout-designs or the production of integrated circuits in Thailand or a country which is a party to an international convention or agreement on the protection of layout-designs of integrated circuits to which Thailand is also a party.
Part 2 Registration of Layout-Design and Term of Protection
Section 14 A person who has a right to apply for protection under section 7, section 8, section 9, section 10, section 11, or section 12 and possesses qualifications in accordance with section 13 shall have a right to apply for registration of a layout-design.
In the case where a layout-design has been commercially exploited, whether within or outside the Kingdom, the application for registration of the layout-design shall be done within two years as from the date of the first commercial exploitation thereof.
A layout-design which has not been commercially exploited within fifteen years as from the date of completion of the layout-design’s creation shall not be applied for registration.
Section 15 The application for registration of a layout-design for having protection under this Act shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.
An application for registration shall at least have the following particulars:
(1) name, nationality, domicile and address of the designer as well as any assignment of a right to apply for protection, provided that there is such an assignment;
(2) the date of creation of the layout-design and the date of a first commercial exploitation thereof including description of the commercial exploitation;
(3) a painting or photograph of drawing identifying the layout-design or other articles producing the like result, including data on electronic function of the integrated circuit;
(4) a sample of an integrated circuit in which the layout-design is incorporated, in the case where it has been commercially exploited; and
(5) other particulars as prescribed in the Ministerial Regulation.
Section 16 In effecting the registration of the layout-design, the competent official shall examine the application for registration as to its conformity with the requirements set forth in section 14 and section 15 and shall prepare an examination report for submission to the Director General.
Section 17 In the case where the application for registration of the layout-design is in conformity with the requirements set forth in section 14 and section 15, the Director General shall make an order effecting the registration, issue a layout-design certificate to the applicant, publish the registration and notify the applicant in writing to pay fee for the issuance of the layout-design certificate and fee for the publication, in accordance with the procedures and periods prescribed in the Ministerial Regulation.
If the applicant fails to pay the fees prescribed in paragraph one, the applicant shall be deemed to have abandoned the application for registration.
The layout-design certificate shall be in the form prescribed in the Ministerial Regulation.
In the case where the layout-design certificate was lost or materially damaged, the right holder may apply for a replacement of the layout-design certificate in accordance with the rules and procedures prescribed in the Ministerial Regulation.
Section 18 In the case where the application for registration of the layout-design is not in conformity with the requirements set forth in section 14 or section 15, the Director General shall order rejection of the application for registration and shall notify the applicant in writing of the order together with reasons without delay.
The applicant shall have a right to appeal against the Director General’s order to the Board within ninety days as from the date of the receipt of the notification thereof. The appeal shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.
When the Board has made a decision, the applicant who disagrees with the Board’s decision shall have a right to bring the case to the Court within ninety days as from
the date of the receipt of the notification thereof. In the absence of instituting an action within the prescribed period, the decision of the Board shall be deemed final.
Section 19 The rights in the layout-design shall be protected under this Act upon registration and issuance of a certificate.
The layout-design certificate shall be for the term of ten years as from the date of filing the application for registration under this Act or the date of the first commercial exploitation whether within or outside the Kingdom, whichever shall first occur, but shall not exceed fifteen years as from the date of the completion of the layout-design’s creation.
Section 20 The right holder shall pay an annual fee as prescribed in the Ministerial Regulation as from the second year of the term of protection of the layout -design and the payment shall be made within sixty day as from the commencement of the second year and of every year thereafter.
If the right holder fails to pay the annual fee prescribed in paragraph one, he shall pay a surcharge of 30 percent of the annual fee.
If the right holder fails to pay the annual fee and the surcharge within six months as from the date of the expiration of the period prescribed in paragraph one, the rights in the layout-design shall be deemed lapsed. In this case, the competent official shall publish the lapse of the protection of the layout-design.
Section 21 The right holder may at one time pay an entire amount of the annual fees in advance instead of an annually payment.
In the case where the right holder has paid the annual fee in advance but the rate of the annual fee is changed subsequently or the right holder surrenders his rights in the layout-design or there is a cancellation of the registration of the layout-design, the right holder shall not be required to pay the insufficient amount of the annual fee nor shall not be entitled to any refund of the annual fee paid in advance.
Section 22 The right holder shall have the exclusive right to perform any of the following acts:
(1) reproducing the layout-design in respect of which he is accorded protection under this Act;
(2) importing into the Kingdom, selling or distributing by any mean for commercial purposes the layout-design in respect of which he is accorded protection or an integrated circuit in which the protected layout-design is incorporated or a product in which such integrated circuit is incorporated.
Any of the following acts under paragraph one performed without the authorisation of the right holder shall be regarded as an infringement of the right holder’s rights.
In the case where there is an infringement of the right holder’s rights by committing any of the acts in (2) in respect of an integrated circuit or a product in which the layout-design of the right holder is incorporated, such act is permissible if the person committing it has removed the layout-design of the right holder from the integrated circuit or product, or subsequently has been authorised by the right holder to perform such act.
Section 23 Any of the following acts in respect of the layout-design protected under this Act shall not be regarded as an infringement of the right holder’s rights:
(1) the reproduction for the purpose of evaluation, analysis, research or education;
(2) the incorporation of a layout-design created by the act under (1) and having characteristics as prescribed in section 6 into an integrated circuit, or an act under section 22 in respect of such a layout-design;
(3) the reproduction for the interest of oneself which is not an act for commercial interest;
(4) the act under section 22 (2 ) in respect of an integrated circuit in which the protected layout-design of the right holder is incorporated or in respect of a product incorporating such integrated circuit; provided that the person committing it did not know or had no reasonable ground to know, at the time of acquiring such integrated circuit or product, that the layout-design infringing the right holder’s rights was incorporated. In such case, the person committing it may, after being notified that such integrated circuit or product incorporates the layout-design infringing the right holder’s rights, continue to perform any of the acts under section 22 (2) in respect of the integrated circuits or products which remain in stock or were ordered for distribution prior to the notification thereof, but shall pay a royalty to the right holder in a reasonable amount in the course of trade.;
(5) the act under section 22 (2) in respect of a layout-design or an integrated circuit lawfully acquired from the commercial exploitation of the right holder;
(6) any of the acts under section 22 by a person who created a layout-design identical to a layout-design in respect of which the right holder is accorded protection, provided that he has independently created it by himself.