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

Section 11 — AKTA REKA BENTUK SUSUN ATUR LITAR BERSEPADU 2000