Section 5: Effect of protection:

5. Effect of protection:___(1) Subject to section 17, the protection shall have the effect that the following acts shall be unlawful if performed without the authorization of the right-holder, namely:— (i) reproducing, whether by incorporation in an integrated circuit or otherwise, the registered layout-design in its entirety or any part thereof, except the act of reproducing any part that does not comply with the requirement of originality referred to in section 3; and (ii) importing, selling or otherwise distributing for commercial purpose the registered layout-design, or an integrated circuit in which the registered layout- design is incorporated or an article incorporating such an integrated circuit in so far as it continues to contain an unlawfully reproduced layout-design. (2) The following acts shall not require the authorization of the right holder, namely:— (i) reproduction of the registered layout-designs for private purposes or for the sole purpose of evaluation, analysis, research or teaching (ii) the incorporation in an integrated circuit of a layout-design created on the basis of such analysis or evaluation and which is itself original under section 3 or the performance of any of the acts referred to in sub-section (1) in respect of that layout-design; (iii) the performance of any of the acts referred to in clause (ii) of sub-section (1) where the act is performed in respect of a registered layout-design, or in respect of an integrated circuit in which such a layout design is incorporated, that has been put on the market by or with the consent of, the right holder; (iv) the performance of any of the acts referred to in clause (ii) of sub-section (1) in respect of an integrated circuit incorporating an unlawfully reproduced layout- design or any article incorporating such an integrated circuit where the person performing or ordering such an act did not know, when acquiring the integrated circuit or the article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout-design. However, after the time that such person has received sufficient notice that the layout-design was unlawfully reproduced that person may perform any of the said acts only with respect to the stock on hand, or ordered before such time, and shall be liable to pay to the right holder a sum equivalent to a reasonable royalty such as would be payable under a freely negotiated licence in respect of such a layout -design; or (v) the performance of any of the acts referred to in clause (ii) of sub -section (1) where the act is performed in respect of an identical layout-design which is original and has been created independently by a third party.

Effective date: 2000-01-01

Related sections