Effect of protection

(1) Protection under this Act shall not depend upon whether or not the integrated circuit which incorporates the protected layout-design is itself incorporated in an article. (2) Subject to subsection (3) of this section and to section 17 of this Act, the effect of the protection of a layout-design under this Act shall be to make the following acts unlawful if performed without the authorisation of the right holder, (a) the reproduction, whether by incorporation in an integrated circuit or otherwise, of the protected layout-design in its entirety or any part thereof; except the reproduction of any part that does not comply with the requirement of originality defined in section 4 of this Act; (b) the importation, sale or other distribution, for commercial purposes, of the protected layout- 8 design, an integrated circuit in which the protected 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. (3) The effect of the protection of a layout-design under this Act shall not extend to, (a) the reproduction of the protected layout- design for private purposes or for the sole purpose of evaluation, analysis, research or teaching; (b) the incorporation, in an integrated circuit, of a layout-design created on the basis of such analysis or evaluation, and which is itself original within the meaning of section 4 of this Act, or the performance of any act referred to in subsections (1) and (2) of this section in respect of that layout-design; (c) the performance of any act referred to in subsection (2) (b) of this section, where the act is performed in respect of a protected 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; (d) the performance of any act referred to in subsection (2) (b) of this section 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 the performance of such an act did (Topographies) of Integrated Circuits 9 not know, and had no reasonable ground for knowing, when acquiring the integrated circuit, or the article incorporating such integrated circuit, that it incorporated an unlawfully reproduced layout- design; or (e) the performance of any act referred to in subsection (2) (b) where the act is performed in respect of an identical layout-design which is original and has been created independently by a third party. (4) Where the person referred to in subsections (3)(d) of this section, has received sufficient notice that the layout- design was unlawfully reproduced, that person may perform any of the acts referred to in that subsection only with respect to the stock on hand or ordered before he received the notice, and shall be liable to pay, to the right holder, a sum equivalent to such reasonable royalty as would be payable under a freely negotiated licence in respect of such layout-design.