page 28
the final or intermediate topography of the integrated circuit has been fixed or coded
for the first time, if it has never been worked.
Article 97
Any request for a certificate of layout design (topography) for integrated circuits
which does not meet the provisions of Article 95 above and Section I of Chapter II of
Title II of this Law shall be rejected.
Article 98
The following shall be considered unlawful if performed without the authorization of
the holders of the right in a layout design (topography) for integrated circuits:
((a) the act of reproducing, whether by incorporation in an integrated circuit or
otherwise, a protected layout design (topography) 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 Article 90 above;
((b) the act of importing, selling or otherwise distributing for commercial purposes a
protected layout design (topography) or an integrated circuit in which a protected
layout design is incorporated, or an item incorporating such an integrated circuit, only
insofar as this item continues to contain an unlawfully reproduced layout design.
Article 99
The following acts shall not be considered unlawful:
((a) the acts referred to in Article 98((a) above, performed for private purposes or for
the sole purpose of evaluation, analysis, research or teaching;
((b) the creation, on the basis of such evaluation, analysis or research, of a separate
topography which can qualify for protection in accordance with the provisions of this
Law;
((c) any of the acts referred to in Article 98 above in respect of an integrated circuit
incorporating an unlawfully reproduced layout design (topography), or of any item
incorporating such an integrated circuit, where the person performing or ordering
such acts did not know and had no reasonable ground to know, when acquiring said
integrated circuit or item incorporating such an integrated circuit, that it incorporated
an unlawfully reproduced layout design. After the time that such person has received
sufficient notice that the layout design has been unlawfully reproduced, that person
may perform any of the acts referred to in respect of the stocks on hand or ordered
before such time, but shall be liable to pay the right holder a sum equivalent to a
reasonable royalty as would be payable under a freely negotiated license in respect
of such a layout design.
Article 100
Where no application for a certificate has been filed for a layout design (topography)
for integrated circuits within a period of 15 years starting from the date of its creation,
no exclusive right shall come into being.
Article 101