Malaysia legislation

Section 11

of LAYOUT-DESIGNS OF INTEGRATED CIRCUITS ACT 2000

Section 11

Non-infringing acts

(a)

if the reproduction is of any part of a protected layout-design that does not comply with the requirement of originality referred to in subsection 5(1);

(b)

if the reproduction is done for a private purpose and not for the purpose of commercial exploitation;

(c)

if the reproduction is done for the sole purpose of evaluation, analysis, research or teaching;

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(d)

to use the results of any evaluation, analysis or research carried out pursuant to paragraph (c) to create a different layout-design that complies with the requirement of originality referred to in subsection 5(1);

(e)

to do any of the acts referred to in section 9 in respect of the different layout-design referred to in paragraph

(d)

;

(f)

for a right holder of another protected layout-design—

(i)

that is identical to the first-mentioned protected layout-design; and

(ii)

that is independently created, to do any of the acts referred to in section 9 in respect of that other layout-design; or

(g)

to commercially exploit a copy of the protected layout-design, an integrated circuit in which the protected layout-design is incorporated or an article that contains an integrated circuit in which the protected layout-design is incorporated after the copy, integrated circuit or article has been commercially exploited, whether in Malaysia or elsewhere, by or with the consent of the right holder.

Innocent infringement