Circuit Layout Rights

The Circuit layout rights definition as per the Circuit Rights Act 1989 allows for the legal protection of:

‘A representation, fixed in any material form, of the three-dimensional location of the active and passive elements and interconnections making up an integrated circuit.’

In Australia, circuit layout rights are not required to be formally registered. Similar to copyright, these rights are protected from the moment the plan or design is created. 

What Are Circuit Layout Rights?

Circuit layout rights mean you can protect any plans or designs you develop regarding components of an integrated circuit. 

This covers things such as computer chips or semiconductors that are used in computers or equipment reliant on computers. 

Examples of items that may attract circuit layout rights include: 

  • Everyday household items such as digital watches, washing machines, TVs, vacuum cleaners and microwaves
  • Personal medical devices such as insulin pumps, pacemakers and hearing aids
  • Medical equipment such as CT and MRI machines, X-ray machines, nebulisers and ventilators

Virtually anything you can think of that utilises electronic components will have attached circuit layout rights. 

How Are Circuit Layout Rights Protected? 

To obtain, retain and protect your circuit layout rights, you must be able to demonstrate:

  1. That your layout or plan is original. 
  2. That the layout or plan was developed or made by an Australian citizen or corporation. As per WIPO, a citizen or corporation of an eligible country may also qualify for protection of their layout or plan.
  3. That the item is currently or can be commercially exploited in Australia or another eligible country.

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