Layout-Designs of Integrated Circuits Act 2000 · Updated to 1 Jan 2006 · Part III · Rights in Relation to Layout-Designs and Infringements
11. Non-infringing acts
Feedback & supportIt shall not be an infringement of a right holder’s right in a protected layout design—
right holder
“right holder” means the person that is to be regarded as the beneficiary of the protection referred to in section 9;
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);
reproduction
“reproduction” means the act or process of copying the layout-design, directly or indirectly, in a material form; Layout-Designs of Integrated Circuits 7
if the reproduction is done for a private purpose and not for the purpose of commercial exploitation;
if the reproduction is done for the sole purpose of evaluation, analysis, research or teaching;
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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);
layout-design
“layout-design” means the three-dimensional disposition, however expressed, of the elements of an integrated circuit and some or all of the interconnections of the integrated circuit or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture;
to do any of the acts referred to in section 9 in respect of the different layout-design referred to in paragraph
;
for a right holder of another protected layout-design—
protected layout-design
“protected layout-design” means a layout-design that is protected under section 5;
that is identical to the first-mentioned protected layout-design; and
that is independently created, to do any of the acts referred to in section 9 in respect of that other layout-design; or
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.
commercially exploit
“commercially exploit” includes— (a) to sell, let for hire or otherwise distribute by way of trade; (b) to offer or expose for sale or hire or other distribution by way of trade; and (c) to import for the purpose of sale, letting for hire or other distribution by way of trade;