Singapore legislation
Clause 11
Clause 11
Innocent infringement
(1)
The rights of a qualified owner in a protected layout-design are not infringed by a person who commercially exploits, or authorises the commercial exploitation of —
a copy of the protected layout-design; (b)an unauthorised integrated circuit, being an integrated circuit in which the protected layout-design is incorporated; or (c)an article that contains such an integrated circuit, if, at the time when the person acquired the copy, integrated circuit or article, the person did not know, and could not be reasonably expected to have known, that the copy was unauthorised, the integrated circuit was unauthorised or that the article contained an unauthorised integrated circuit, as the case may be.
(2)
Where a person referred to in subsection (1) becomes aware or could reasonably be expected to become aware that the copy was unauthorised, the integrated circuit was unauthorised or that the article contains an unauthorised integrated circuit, as the case may be, that subsection continues to apply to any subsequent commercial exploitation of the copy, integrated circuit or article if and only if he pays to the qualified owner such remuneration —
as is agreed;
as is determined by a method agreed between the person and the qualified owner; or
in default of agreement, as is determined by the Court on an application made by either of them.
(3)
In this section —
a copy of a protected layout-design is unauthorised if it is made without the consent of the qualified owner of the layout-design;
an integrated circuit which incorporates a protected layout-design is unauthorised if such incorporation is done without the consent of the qualified owner of the layout-design.