Chapter 6 Layout-Design Board

Chapter 6 Layout-Design Board

Section 39 There shall be a Board called the “Layout-Design Board” consisting of the Permanent Secretary of the Ministry of Commerce as Chairman and not more than twelve qualified members in the fields of science, engineer, industry and law appointed by the Council of Ministers as members, six of whom must be appointed from qualified members in the private sector.

The Board shall appoint officials of the Department of Intellectual Property to be its secretary and assistant secretary.

Section 40 The Board shall have the following powers and duties:

(1) to submit recommendation or give advice to the Minister on the issuance of the Ministerial Regulation under this Act;

(2) to consider and decide appeals against orders of the Director General under this Act;

(3) to consider other matters relating to layout-designs as entrusted by the Minister;

(4) to perform other acts as prescribed in this Act.

Section 41 A qualified member shall hold office for a term of two years. The outgoing qualified member may be reappointed for not more than two consecutive terms

Section 42 In addition to the vacation of office upon the expiration of the term, a qualified member vacates office upon:

(1) death;

(2) resignation;

(3) being discharged by the Council of Ministers;

(4) becoming a bankrupt;

(5) becoming an incompetent or a quasi-incompetent person; or

(6) having been imprisoned by a final judgement to a term of imprisonment, except for an offence committed through negligence or a petty offence.

Section 43 In the case where there is an appointment of a qualified member to replace a qualified member who vacates office before expiration of his term or in the case where there is an additional appointment of a qualified member during the term of qualified members already appointed, the appointee shall hold office for the remaining term of the qualified member already appointed.

Section 44 In the case where new qualified members have not yet been appointed after the expiration of the term of the qualified members, the qualified members whose term has expired shall perform their duties for the time being until the new qualified members are appointed.

Section 45 A quorum for meeting of the Board shall consist of not less than one half of the total number of members. If the Chairman is not present at the meeting or is not able to perform the duty, the members present shall elect one of its members to preside over the meeting.

A decision of the meeting shall be taken by a majority of votes. Each member shall have one vote. In case of any equality of votes, the presiding chairman shall have an additional casting vote.

Section 46 The Board shall have a power to appoint a subcommittee for the consideration or performance of any act as entrusted by the Board and section 45 shall apply mutatis mutandis to a meeting of the subcommittee.

Section 47 In performing duties, the Board or subcommittee shall have a power to issue a written order requiring any relevant person to give statements or furnish any document or article as a supporting material for consideration as deemed necessary and in accordance with the regulations prescribed by the Board.

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