Section 8: Application

8. Application (1) An application for the registration of a layout-design shall be made on the prescribed form and shall be filed with the Controller. (2) A separate application shall be filed in respect of different layoutdesigns. (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; [Issue 1] L10 – 4 Revised Laws of Mauritius (b) indicate the name, address, nationality of the applicant and if different from the address, the habitual residence of the applicant; (c) be accompanied by the authorisation of the agent appointing the representative of the applicant, if any; (d) subject to subsection (4), 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; (e) specify the date of the first commercial exploitation of the layoutdesign anywhere in the world or indicate that such exploitation has not commenced; and (f) provide particulars establishing the right to protection under section 6. (4) Any copy or drawing referred in subsection (3) (d) 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. (5) 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 2 months. (6) Where the defects are corrected within the time limit specified under subsection (5), 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. (7) Where the requirements of subsection (6) 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. (8) The Controller shall confirm the filing date and communicate it to the applicant. (9) Where the defects are not corrected within the time limit, the application shall be deemed not to have been filed. (10) Every application for protection of a layout-design shall be subject to the payment of the prescribed fee. (11) Where the fee is not paid, the Controller shall notify the applicant that the application shall be deemed not to have been filed unless payment is made within 2 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. L10 – 5 [Issue 1] Layout-Designs (Topographies) of Integrated Circuits Act