324 No. 6 of 2016]
Layout-designs of Integrated
Circuits
(g) if it is to commercially exploit a copy of the protected
layout-design, an integrated circuit in which the layoutdesign is incorporated or an article that contains an
integrated circuit in which the layout-design is
incorporated after the reproduction, integrated circuit
or article has been commercially exploited, whether in
the Republic or elsewhere, by, or with the consent of,
the qualified owner.
Innocent
infringement
56. (1) The rights of a qualified owner in a protected layoutdesign shall not be infringed by a person who unknowingly
commercially exploits or authorises the commercial exploitation
of—
(a) a copy of a protected layout-design;
(b) an unauthorised integrated circuit, being an integrated
circuit in which the protected layout-design is
incorporated; or
(c) an article that contains an integrated circuit;
if, at the time when the person acquired the copy, integrated circuit
or article, the person did not know and could not be reasonably
expected to have known that the copy or the integrated circuit was
unauthorised or that the article contained an unauthorised integrated
circuit.
(2) Where the person, referred to in subsection (1), becomes
aware or could reasonably be expected to have become aware
that the copy or the integrated circuit was unauthorised or that the
article contains an unauthorised integrated circuit, that subsection
continues to apply to any subsequent commercial exploitation of
the copy, integrated circuit or article only if the person pays to the
qualified owner such remuneration—
(a) as may be agreed between the person and the qualified
owner;
(b) as is determined by a method agreed between the person
and the qualified owner; or
(c) in default of agreement, as is determined by the High
Court on an application made by either the person and
the qualified owner, taking into account such royalties
as would reasonably be payable under a freely negotiated
licence in respect of the protected layout-design.