With regard to Article 37 of the TRIPS Agreement, Article 16 of our law reads:
"A person who commercially exploits an integrated circuit incorporating the protected topography, and does not know, or has no reasonable grounds to believe that the topography of the product is protected shall not be prevented from commercially exploiting that integrated circuit".
Compensation, the amounts of which depends on the scope of commercial exploitation of protected topography, may be claimed from the person referred to in Paragraph 1, by the right holder of the protected topography from the date when the person referred to in Paragraph 1 has known, or has had reasonable grounds to believe that the topography is protected.
The amount of compensation under Paragraph 2 shall be agreed upon between the right holder of the protected topography and the person referred to in Paragraph 1. If no agreement is achieved, the Court of Justice in Tirana shall decide on the amount of compensation.
The provisions of Paragraph 2 shall apply also to the successors in title of the person referred to in Paragraph 2.
The right of commercial exploitation is limited to importation, sale or distribution of the products of integrated circuits or other products incorporating the respective topography, and this right applies to a topography or products that were on hand at the time when the claim under Paragraph 2 was received.
