Article 5
Rights Conferred
(1) The protection afforded under this Annex shall be independent of the fact whether
the integrated circuit incorporating the protected layout-design is or is not itself incorporated
in an article. Subject to the provisions of Articles 6 and 15, the following acts shall be
unlawful when carried out without the authorization of the holder:
(a) the act of reproducing, whether by incorporation in an integrated circuit or
otherwise, a protected layout-design in its entirety or any part thereof, except the act of
reproducing any part that does not fulfill the requirement of originality referred to in Article 3;
(b) the act of importing, selling or otherwise distributing for commercial purposes a
protected layout-design, an integrated circuit in which a protected layout-design is
incorporated or an article in which such integrated circuit is incorporated to the extent that it
continues to contain a layout-design that is unlawfully reproduced.
Article 6
Limitations of the Rights Conferred
(1) The protection afforded a layout-design under this Annex shall not extend
(a) to the reproduction of a protected layout-design for private purposes or for the sole
purpose of evaluation, analysis, research or teaching;
(b) to the incorporation, in an integrated circuit, of a layout-design based on such
analysis or evaluation and itself possessing originality within the meaning Article 3, nor to the
carrying out with respect to such layout-design of any of the acts referred to in Article 5;
(c) to the carrying out of any of the acts referred to in Article 5(b) above where the act
is carried out with respect to a protected layout-design, or an integrated circuit in which such
layout-design is incorporated, which has been placed on the market by the holder or with his
consent;
(d) to the carrying out of any of the acts referred to in Article 5(b) with respect to an
integrated circuit incorporating an unlawfully reproduced layout-design or any
article incorporating an unlawfully reproduced layout-design or any article incorporating such
integrated circuit where the person performing or ordering such act did not know and had no
reasonable grounds to know, when acquiring the integrated circuit or article incorporating
such integrated circuit, that it incorporated an unlawfully reproduced layout-design; however,
once such person has been duly advised of the fact that the layout-design has been unlawfully
reproduced, he may carry out any of the aforementioned acts with regard solely to the stocks
at his disposal or which he had ordered before being advised and shall be required to pay to
the holder an amount equivalent to a reasonable royalty that would be required under a freelynegotiated license with respect to such layout-design;
(e) to the carrying out of any of the acts referred to in Article 5(b) where the act is
carried out with respect to an identical original layout-design created independently by a third
party.
Article 7
Start and Term of Protection
(1) The protection afforded a layout-design under this Annex shall take effect
(a) on the date of the first commercial exploitation of the layout-design, anywhere in
the world, by the holder or with his consent, on condition that an application for protection be