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Circuit Layouts Act 1989
No. 28, 1989
In force
Administered by
Attorney-General's Department
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C2012C00729
22 September 2012
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Extension to external Territories
4 Act binds the Crown
5 Interpretation
6 Residence not affected by temporary absence
7 Application to circuit layouts made before commencement
8 Commercial exploitation
9 Exclusive right
10 Making an eligible layout
11 Originality
12 Licence of owner of EL rights
13 Substantial part of eligible layout
14 References to all joint makers
15 References to any one or more joint makers
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Part II—EL rights in eligible layouts
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Division 1—Ownership and nature of EL rights
16 Ownership of EL rights
17 Nature of EL rights
18 EL rights to subsist without regard to makers who are not eligible persons
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Division 2—Infringement of EL rights
19 Infringement
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Division 3—Acts that are not infringements of EL rights
20 Innocent commercial exploitation
21 Copying for private use
22 Copying for research or teaching purposes
23 Evaluation or analysis
24 Commercial exploitation of eligible layouts previously exploited under licence
25 Use for purposes of defence or security
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Part III—Remedies for infringements of El rights
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Division 1—Preliminary
26 Application of Part to counterclaims
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Division 2—Actions by owner of EL rights
27 Actions for infringement
28 Limitation of actions
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Division 3—Proceedings where EL rights subject to exclusive licence
29 Application
30 Rights of exclusive licensee
31 Joinder of owner or exclusive licensee as a party
32 Defences available against exclusive licensee
33 Assessment of damages where exclusive licence granted
34 Apportionment of profits between owner and exclusive licensee
35 Separate actions in relation to the same infringement
36 Liability for costs
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Division 4—Proof of facts in actions
37 Presumptions as to subsistence and ownership of EL rights
38 Affidavit evidence
39 Evidentiary labels
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Division 5—Jurisdiction and appeals
40 Exercise of jurisdiction
41 Appeals
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Part IV—Miscellaneous
42 Eligible foreign countries
43 Limitation on power of courts to grant relief in proceedings under this Act
44 Prospective ownership of EL rights
45 Assignments and licences of EL rights
46 Groundless threats of legal proceedings
47 Jurisdiction of Federal Court of Australia
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48 Regulations
Notes to the STYLEREF ShortT \* MERGEFORMAT Circuit Layouts Act 1989
