WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP /N/1/TTO/L/l 
29 March 2000 
(00-1271) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TRINIDAD AND TOBAGO 
The present document reproduces the textl of the Layout-Designs (Topographies) of 
Integrated Circuits Act 1996, as notified by Trinidad and Tobago under Article 63.2 of the Agreement 
(see document IPINIIITTO/l). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TRINITE-ET -TOBAGO 
Le present document contient le textel de la Loi de 1996 sur les schemas de configuration 
(topographies) de circuits integres, notifiee par la Trinite-et- Tobago au titre de l'article 63:2 de 
l'Accord (voir le document IPlNllITTOIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
TRINIDAD Y TAB AGO 
En el presente documento se reproduce el textol de la Ley de Esquemas de Trazado 
(Topografias) de los Circuitos Integrados, 1996, notificado por Trinidad y Tabago en virtud del 
parrafo 2 del articul063 del Acuerdo (vease el documento IPINIl/TTOIl). 
1 In English only'/En anglais seulement.lEn ingles solamente. IP/N/lITTO/L/l 
Page 2 
Legal Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 35, 
No. 156, 6th August, 1996 
First Session Fifth Parliament Republic of Trinidad 
and Tobago 
REPUBLIC OF TRINIDAD AND TOBAGO 
Act No. 19 of 1996 
[L.S.] 
AN ACT to provide for the protection of layout-designs 
(topographies) of integrated circuits 
[Assented to 2nd August, 1996} 
ENACTED by the Parliament of Trinidad and Tobago as Enactment 
follows:-
1. (1) This Act may be cited as the Layout-Designs Short title and 
(Topographies) of Integrated Circuits Act, 1996. commencement 
(2) This Act shall come into force on a date to be 
fixed by the President by Proclamation. Interpretation -2. In-this Act--IP/N/lITTO/L/l 
Page 3 
"Controller" means the Controller of the 
InteUectual P~opertyQffice appointed 
under section 3 of the Patents Act and any 
reference -to-the Controller shall be 
construed -as including a reference to any 
officer discharging the functions of the 
Con troller;:-_ 
"Court" means the High Court; 
"integrated circuit" means a product, in its 
final form 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 
and/or on a piece of material and which is 
intended to perform an electronic function; 
"layou t-design" is synonymous with 
"topography" and means th.e three­
dimensional disposition, however 
expressed, of the elements, at least one of 
which is an active element, and of some or 
all of the inter-connections of an 
integrated circuit, or such a three­
dimensional disposition prepared for an 
integrated circuit intended for 
manufacture; 
"Minister" means the Minister to whom 
responsibility for intellectual property is 
assigned; 
"Register" means the Register of Layout­
Designs (Topographies) of Integrated 
Circuits; 
"right holder" means the person who is to be 
regarded as the beneficiary of -the 
protection referred to in section 6. IP/N/lITTO/L/l 
Page 4 
3. (1) Protection under this Act may be obtained for Protection 
layout-designs of integrated circuits if and to the extent 
that they are original within the meaning of section 4. 
(2) Registration may only be applied for if the 
layout-design has not yet been commercially exploited, 
or has been commercially exploited for not more than 
two years anywhere in the world. 
(3) Protection under this Act shall not be available 
for layout-designs which have been commercially 
exploited, anywhere in the world, for more than two 
years prior to the entry into force of this Act. 
4. (1) A layout-design shall be considered to be Originality 
original if it is the result of its creator's own intelleCtual 
effort and is not commonplace among creators of 
layout-designs and manufacturers of integrated circuits 
at the time of its creation. 
(2) A layout-design consisting of a combination of 
elements and inter-connections that are commonplace 
shall be protected only if the combination taken as a 
whole is original within the meaning of subsection (1). 
5. (1) The right to layout-design protection shallRightto 
belong to the creator of the layout-design and may be protection 
assigned or transferred by succession. . 
(2) \Vhere several persons have jointly created a 
layout-design, the right to layout-design protection 
shall belong to them jointly. 
(3) Where the layout-design has been created in 
execution of a commission or an employment contract, 
the right to layout-design protection shall belong, in the 
absence of contractual provisions to the contrary, to the 
person who commissioned the work or to the employer. 
6. (1) Protection under this Act shall not depend Effect of 
upon whether or not the. integrated circuit which protection 
incorporates the protected layout-design is itself 
incorporated in an article. IP/NIlITTO/LI 1 
Page 5 
(2) Subject to subsection (3) and to section 14, the 
protection shall have the effect that the following· acts 
shall be unlawful if performed without the 
authorization of the right holder: 
(a) reproducing, whether by incorporation in 
a,n integrated circuit or otherwise, the 
protected layout-design in its entirety or 
any part thereof, except the act of 
reproducing any part that does not comply 
with the requirement of originality 
referred to in section 4; 
(b) importing, selling or otherwise distributing 
for commercial purposes the protected 
layout-design, an integrated circuit in 
which the protected layout-design is 
incorporated or an article incorporating 
such an integrated circuit in so far as it 
continues to contain an unlawfully 
reproduced layout-design. 
(3) The effect of protection of a layout-design 
under this Act shall not extend to-
(a) the reproduction of the protected layout­
design for private purposes or for the sole 
purpose of evaluation, analysis, research or 
teaching; 
(b) the incorporation in an integrated circuit of a 
layout-design created on the basis of such 
analysis or evaluation and which is itself 
original in the meaning of section 4 or the 
~rfoITnance of any of the acts referred to in 
subsection (2) in respect of that layout-design; 
(c) the performance of any of the acts referred to 
in subsection (2)(b) where the act is 
performed in respect of a protected layout­
design, or in respect of an integrated circuit in 
which such a layout-design is incorporated, 
that has been put on the market by or with 
the consent of the right holder; IP/N/lITTOILll 
Page 6 
(d) the performance of any of the acts referred 
to in subsection (2)(b) in respect of an 
integrated circuit incorporating an 
unlawfully reproduced .layout-design or any 
article incorporating such an integrated 
circuit where the person performing or 
ordering such an act did not know and had 
no reasonable ground to know, when 
acquiring the integrated circuit or the 
article incorporating such an integrated 
circuit, that is incorporated an unlawfully 
reproduced layout-design; however after 
the tim~ that such person has received 
sufficient notice that the layout-design was 
lawfully reproduced, that person may 
perform any of those acts only with respect 
to the stock on hand or ordered before such 
time and shall be liable to pay to the right 
holder a sum equivalent to a reasonable 
royalty such as would be payable under a 
freely negotiated licence in respect of such a 
layout-design; or 
(e) the performance of any of the acts referred 
to in subsection (l)(b) where the act is 
performed in respect of an identical layout­
design which is original and has been 
created independently by a third party. 
7. (1) Protection cif a layout-design under this ActCommencementand duration of shall commence-- protection 
(a) on the date of the first commercial 
exploitation, anywhere in the world, of the 
layout-design by or with the consent of the 
right holder, provided that an application 
for protectio.n is filed by the right holder 
with the Controller within the time limit 
referred to in section 3(2); or IP/N/lITTOILll 
Page 7 
(b) on the filing date accorded to the 
. application for .the registration of the 
layout-design filed by the right holder, ·if 
the layout-design has not been previously 
exploited commercially anywhere in the 
world. 
(2) Protection of a layout-design under this Act 
shall ,terminate at the end of the tenth calendar· year 
after the date of commencement of protection. 
Filing requirements 8. (1) An application for the registration of a layout­
design shall be in writing and shall be filed with the 
Controller. 
(2) A separate application shall be filed for each 
layout-design. 
(3) The application shall-
(a) contain a request for registration of the 
layout-design in the register and a brief and 
precise designation of the layout-design; 
(b) indicate the name, address, nationality 
and, if different from the address, the 
habitual residence of the applicant; 
(c) be accompanied by the authorization of 
agent appointing the representative of the 
applicant, if any; 
(d) be accompanied by a copy or drawing of the 
layout-design together with information 
defining the electronic function which the 
integrated circuit is intended to perform 
but the application may omit such parts of 
the copy or drawing that relate to the 
manner of manufacture of the integrated 
circuit, provided that the parts submitted 
are sufficient to allow the identification of 
the layout-design; IPINIlITTOILl1 
Page 8 
(e) specify the date of first commercial 
exploitation of the layout-design anywhere 
in the world or indicate that such 
exploitation has not commenced; and 
(f) provide particulars establishing the right 
to protection under section 5. 
(4) Where an application does not duly comply 
with the requirements of subsection (3), the Controller 
shall immediately notify the applicant of the defects 
and invite him to correct them within two months. 
(5) Where the defects are corrected within the 
time limit under subsection (4), the Controller shall 
accord as the filing date the date of receipt of the 
application, provided that, at the time of receipt, the 
application contained an express or implicit indication 
that the registration of a layout-design is requested and 
indications allowing the identity of the applicant to be 
established and was accompanied by a copy or drawing 
of the layout-design. 
(6) Where the requirements of subsection (5) were 
not complied with at the date of receipt of the 
application but are complied with within the time limit, 
the date of receipt of the required correction shall be 
deemed to be the filing date of the application. 
(7) The Controller shall confirm the filing date and 
communicate it to the applicant. 
(8) Where the defects are not correct~d within the 
time limit, the application shall be deemed not to have 
been filed. 
(9) Each application for protection of a layout­
design shall be subjectto the payment of the prescribed 
fee. IP/N/1/TTO/L/l 
Page 9 
(10) Where the fee is not paid, the Controller shall 
notify the applicant that the application will be deemed 
not to have been filed unless payment is made within 
two months from the date of the notification and where 
the application fee is not paid within that time limit, 
the application shall be deemed not to have been filed. 
Register; registration 9. (1) The Controller shall maintain a register in 
and publication \vhich.he shall recor.cJ all matters required by this Act 
to be r~corded. -
Right to transfer; 
rectification of 
register " ' 
(2) Where an, application complies -with the 
requirements of section 8, the Controller shall register 
the layout-design in the Register without examination 
of the originality of the layout.-design, the applicant's 
emtitlem'ent to protection or the correctness of the facts 
stated in the application. 
(3) The Register shall contain the number, tltle, 
filing date and, where indicated in the application 
under section 8(3)(e), .the date of first commercial 
exploitation, anywhere in the world, of the layout­
design as well as the-name and address of the right 
holder and other prescribed particulars. 
(4) Any person may consult the Register and 
obtain extracts therefrom, subject to the payment of the 
prescribed fee. 
(5) The registration of a layout-design shall be 
published in the prescribed manner. 
10. (1) Where the essential content of the application 
has been taken from the layout-design of another 
person without his consent, that other person may, in 
writing, request the. Controller to transfer the 
application to him. 
(2) Where the application has already resulted in 
a registration, that person may, within three years.,from 
the publication of the registration, in writing, request 
the Controller to transfer the registration to him and to 
rectify the entry in the Register accordingly. IP/N/1/TTO/L/1 
Page 10 
(3) The Controller shall send forthwith a copy of 
such a request to the right holder,:and, within the 
prescribed period and in the prescribed manner, the 
right· holder may send to the Controller a counter­
statement of the grounds on which-he relies. 
(4) Where the right holder sends a counter­
statement, the Controller shall furnish a copy thereof 
to the person requesting the transfer and,. after hearinK 
the parties, if either or both wish to be heard, and 
considering the merits of the case, shall decide whe~her· 
the application or registration should be transferred 
and, where applicable, whether the Register should be 
rectified. 
11. (1) Any change in the ownership of a protected Changes.in . ownership; layout-design shall be in writing. contractual 
licences 
(2) Once the layout-design has been registered, 
the change in ownership shall, at the request of any 
interested party, made to the Controller, be recorqed 
and published by the Controller and such change shall 
have no effect against third parties until it has been 
recorded. 
(3) Any licence· contract concerning a layout~ 
design shall, upon registration of the layout-design,· be 
submitted to the Controller who shall keep its contents 
confidential but shall publish a ref~rence thereto and 
the licence contract shall have no effect against third 
parties until su·ch submission has been made. 
12. (1) Any interested person may apply to the Court Cancellation 
for the caricellation ·ofthe registration of a layout-
design on the grounds that-
(a) the layout-design is not protectable under 
sections 3 and 4; 
(b) .the right holder· is.not entitled to 
protection under section 5; or Representation 
Infringement; 
enforcement of 
exclusive right IP/N/1/TTO/L/l 
Page 11 
(e) where the layout-design has been 
commercially exploited, anywhere in the 
w'orld, (be'fo're the filing of the 'application 
for registration of the layout-design, the 
application was not filed within the time 
limit referred to in sections 3(2) and 
7(1)(a). 
(2) Where the grounds for cancellation are 
esta~lished with respect only to a part of the layout­
design, only the corresponding part of the registration 
shall be cancelled. 
(3) Any cancelled layout-design registration, or 
part thereof, shall be regarded as null and void from 
the date of the commencement of protection. 
(4) The Registrar of the Court shall notify the 
Controller of the decision of the Court or the decision 
on any appeal therefrom and the Controller shall 
record it and publish a reference thereto as soon as 
possible. 
13. Where an applicant's ordinary residence or 
principal place of business is outside Trinidad and 
Tobago, he shall be represented by an attorney-at-law 
resident and practising in Trinidad and Tobago. 
14. (1) Infringement shall consist of the performance 
of any act which is unlawful under section 6. 
(2) On the request of the right holder, or of his 
licensee if the latter has requested the right holder to 
institute court proceedings for a specific relief and the 
'right holder has refused or failed to do so within a 
reasonable time, the Court may grant an injunction to 
prevent infringement or an imminent infringement, 
award damages and grant any other remedy provided 
for in the general law. IP/N/lITTO/L/l 
Page 12 
(3) Proceedings under subsection (2) may be 
initiated only after an application for registration of the 
layout-design has been filed withthe Controller. 
15. (1) Any person who, wi~hout authorization, Offences 
knowingly performs any act which is unlawful under 
section 6, shall be guilty of an offence and is liable on 
summary conviction to a fine of ten thousand dollars 
and to imprisonment for fiv~ ye"ars and the Court may 
also order the seizure; forfeiture "and destruction· of the 
layout-designs, integrated circuits or articles concerned 
and of any ~aterials 9r implements, .the predominant 
use of which has been in the commission of the offence. 
16. (1) Where- Exploitation by a 
g9vernrnentagency 
(aJ the public interest, in particular, national or third person 
security, nutrition, health or"" the 
development of other vital sectors of the 
national economy requires the exploitation 
of a protected layout-design for public non­
commercial use; or 
(bJ a Judicial or administrative body has 
determined that the manner of exploitation 
of a protected layout-design, by the right 
holder of his license, is anti-competitive, 
and the Minister is satisfied that the 
exploitation of the l~yout-design in 
accordance with this section would remedy 
such practice, 
the Minister may decide that, even without the 
authorization of the right holder, a Government agency 
o"r a third person designated by the Minister may 
exploit the layout-design. 
(2) The exploitation of the layout-design shall be­
(aJ limited, in scope and duration, t<;> the 
purpose for which it was authorized; IP/N/1/TTO/L/l 
Page 13 
(b) predominantly for the supply of the 
domestic market; 
(c) non-exchisive; and 
(d) subject to the payment to the right holder 
of an adequate remuneration therefor, 
taking into account the economic value of 
the Minister's .authorization,. as 
determined in the Minister's decision and, . . . . 
where applicable, the need to correct anti-
competitive practices. 
(3) Upon requ~st of the right holder or of the 
beneficiary of the authorization, the Minister may, after 
hearing the parties, if either or both wish to be heard, 
vary the terms of the decision authorizing the 
exploitation of the layout-design to the extent that 
changed circumstances justify such variation. 
(4) Upon the request of the right holder, the 
Miill:ster shall terminate the non-voluntary licence if he 
is satisfied that the circumstances which led to his 
decision have ceased to exist and are unlikely to recur 
or that the beneficiary of the authorization has failed to 
comply with the terms of the authorization. 
(5) Notwithstanding subsection (4), the Minister 
shall not terminate an authorization if he is satisfied 
that the adequate protection of the legitimate interests 
of the beneficiary of the authorization justifies the 
maintenance of the authorization. 
(6) Where a third person has been designated by 
the Minister in accordance with subsection (1), the 
authorization may only be transferred with the 
enterprise or business of the beneficiary of the 
authorization or with the part of the enterprise or 
business within which the layout-design is being 
exploited. IP/N/lITTO/L/1 
Page 14 
(7) A request for the Minister's authorization 
shall be accompanied by evidence that the right holder 
has received, from the· person seeking the 
authorization, a request for a contractual licence but 
that that person has been unable to obtain such a 
licence on reasonable commercial terms and conditions 
and within a reasonable time . 
. (8) Decisions of the Minister under this section 
may be the subject of an appeal to the Court. 
17. (1) Th-e Controller shall, before exercising anyE.xerci~of 
discretionary discretionary power vested in him by this Act adversely powers; extension 
to any party to a proceeding before him, give that party oftime 
an opportunity to be heard. 
(2) Where the Controller is satisfied that the 
circumstances justify it, he may, upon receiving a 
written request therefor, extend the time for doing any 
act, other than the time limit set out in sections 3(2) . '. and 7(1)(a), for filing an application, or taking any 
proceeding under this A~t, upon notice to the parties 
concerned and upon such terms as he maY,direct I!lIld 
such extension may be granted notwithstanding the 
time for doing the act or taking the proceeding has 
expired. 
18. (1) The Court shall have jurisdiction in cases of Competence of 
Court; appeals dispute relating to the application of this Act and in. 
matters which, under this Act, are to be referred to the 
Court. 
(2) Any decision taken by the Controller under 
this Act, in particular the registration of a layout­
design, may be _the subject of an appeal by any 
interested party to the Court and such appeal shall be 
filed within two months of the date of the decision. Application of 
international 
treaties 
Regulations IPIN/1/TTO/L/l 
Page 15 
19. The provisions of any international treaty in 
respect of intellectual property to which Trinidad and 
Tobago is a party shall apply to matters dealt with by 
this Act and, in case of conflict with provisions of this 
Act, shall prevail over the latter. 
20. The Minister may make Regulations prescribing 
all matters that are required or permitted by this Act to 
be prescribed, or are necessary or convenient to be 
prescribed for giving effect to the purposes of this Act. 
Passed in the House of Representatives this 9th day 
of July, 1996. 
J. SAMPSON 
Clerk of the House 
Passed in the Senate this 12th day of July, 1996. 
N. COX 
Clerk of the Senate 