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As enacted
Contents

Part VII

150. Requirements of the Application

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The application for the registration of a layout design shall be in the prescribed form, and shall be accompanied by the prescribed fee and shall be filed in the

Office. A separate application shall be filed in respect of each different layout design.

(2)

Any person may apply for registration of a layout design if such layout design has not been commercially exploited, or if exploited, in or outside Sri Lanka the application for registration shall be made before the expiry of a period of two years from the date of such exploitation.

(3)

The application shall—

(a)

contain a request for the registration of the layout design in the Register of Layout Designs and a brief and precise description thereof ;

(b)

specify the name, address, nationality of the applicant, and if he is resident outside Sri Lanka a postal address for service in Sri Lanka ;

(c)

be accompanied by a copy of a drawing of the layout design along with information defining the electronic function which the integrated circuit is intended to perform ; however, the application may omit such parts in the copy or drawing that relate to the manner or manufacture of the integrated circuit, provided that the parts submitted are sufficient to allow the identification of the layout design ;

(d)

specify whether the layout design is exploited in or outside Sri Lanka and the date of its first commercial exploitation, if any ;

(e)

provide particulars establishing the right to protection under section 146 ;

(f)

be accompanied by a declaration as to the originality of the layout design ;

(g)

be accompanied by a power of attorney granted to the agent by the applicant, where the application is made through an agent.

(4)

(a)

Where the applicant fails to comply with the requirements specified in subsection (3) of this section the

Director-General shall, notify the applicant of the same and require him to correct the defect made in the application within a period of two months from the date of such notification.

(b)

Where the applicant complies with such requirements specified in paragraph (a) of this subsection, the Director-General shall accord the date of filing as the date of receipt of the application :

Provided however, such application should contain written statement of the need for the registration of the layout design, and information whereby the identity of the applicant can be established and shall be accompanied by a copy of the drawings of the layout design.

(c)

Where the applicant fails to submit drawings of a layout design with the original application, but corrects the application for the registration of the layout design within the period specified in paragraph (a), the date of receipt of the corrections shall be deemed to be the date of filing of the application. The Director-General shall by a written communication confirm the filing date of the application to the applicant.

(d)

Where the applicant fails, after notification by the

Director-General, to correct the application within the period specified in paragraph (a), such application shall be deemed not to have been filed.