Union européenne
Schémas de configuration (topographies) de circuits intégrés
41. Please explain how your legislation provides for the derogation from Article 36 as specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.
Section 6(3)(d) of the Act provides that protection of layout-designs shall not extend to acts of infringement referred to in s. 6(2)(b) (expanded in the answer to question 39) where the person performing or ordering the performance of such an act did 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. Section 6(4) further provides that where such a person who has unknowingly infringed the right 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.