Article 36
Scope of the Protection [2]
Subject to the provisions of paragraph 1 of Article 37 below, Members
shall consider unlawful the following acts if performed without the
authorization of the right holder: importing, selling, or otherwise
distributing for commercial purposes a protected layout-design, an
integrated circuit in which a protected layout-design is incorporated,
or an article incorporating such an integrated circuit only insofar as
it continues to contain an unlawfully reproduced layout-design.
Article 37
Acts not Requiring the Authorization of the Right Holder
1. Notwithstanding Article 36 above, no Member shall consider unlawful
the performance of any of the acts referred to in that Article in
respect of an integrated circuit incorporating an unlawfully reproduced
layout-design or any article incorporating such an integrated circuit
where the person performing or ordering such acts did not know and had
no reasonable ground to know, when acquiring the integrated circuit or
article incorporating such an integrated circuit, that it incorporated
an unlawfully reproduced layout-design.
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