Malaysia legislation
Section 12
Section 12
(a)
a copy of the protected layout-design;
(b)
an unauthorized integrated circuit, being an integrated circuit in which the protected layout-design is incorporated;
or
(c)
an article that contains an unauthorized integrated circuit referred to in paragraph (b), if, at the time when the person acquired the copy, integrated circuit or article, the person did not know, and could not reasonably be expected to have known, that the copy was unauthorized, that the integrated circuit was unauthorized or that the article contained an unauthorized integrated circuit, as the case may be.
Layout-Designs of Integrated Circuits 13
(2)
If a person referred to in subsection (1) becomes aware or could reasonably be expected to have become aware that the copy was unauthorized, that the integrated circuit was unauthorized or that the article contains an unauthorized integrated circuit, as the case may be, subsection (1) shall cease to apply to any subsequent commercial exploitation of the copy, integrated circuit or article unless the person pays to the right holder such remuneration—
(a)
as may be agreed upon between the person and the right holder;
(b)
as may be determined by a method agreed upon between the person and the right holder; or
(c)
in default of agreement, as may be determined by the
High Court on the application of either the person or the right holder.
(3)
If the remuneration referred to in subsection (2) is to be determined by the High Court as provided under paragraph (2)(c), the remuneration payable shall be an adequate remuneration in the circumstances of the case, taking into account such royalties as would be reasonably payable under a freely negotiated licence in respect of such a protected layout-design.
Actions for infringement