Layout-Designs of Integrated Circuits Act 1999 · 2020 Revised Edition · Part 2 · Protection of Layout-Designs
6. Ownership of layout-design
Feedback & supportSubject to any agreement to the contrary, the owner of a layout‑design is determined as follows:
layout-design
“layout-design” 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;
where the layout-design is not created pursuant to a commission or in the course of employment — the creator of a layout‑design is the owner;
where the layout-design is created pursuant to a commission — the person who commissioned the layout‑design is the owner; and
where the layout-design is not created pursuant to a commission but is created by an employee in the course of his or her employment — the employer is the owner.
A qualified person can be a qualified owner even if the qualified person shares ownership with a person who is not a qualified person.
qualified person
“qualified person” means —(a)a natural person —(i)who is a national of, or is domiciled or ordinarily resident in Singapore or in a qualifying country; or(ii)who has a real and effective industrial or commercial establishment for the creation of layout‑designs or for the production of integrated circuits in Singapore or in a qualifying country; or(b)a person other than a natural person —(i)the place of incorporation or place of formation of which is in Singapore or in a qualifying country; or(ii)which has a real and effective industrial or commercial establishment for the creation of layout‑designs or for the production of integrated circuits in Singapore or in a qualifying country,and includes the Government and the government of a qualifying country;
Where a layout-design is owned by more than one person, references in the Act to the owner are to all the owners and references in the Act to the qualified owner are to all the qualified owners so that in particular, any requirement of the consent of a qualified owner requires the consent of all the qualified owners.
qualified owner
“qualified owner” means —(a)a qualified person who, under section 6(1), is the owner of a layout‑design; or(b)a person who, under section 6(1), is the owner of a layout‑design which was not commercially exploited anywhere else in the world before it was commercially exploited in Singapore or in a qualifying country,and includes a person, whether or not a qualified person, who is a successor in title to a qualified owner of the layout‑design;