Layout-Designs of Integrated Circuits Act 1999 · 2020 Revised Edition · Part 3 · Layout-Design Rights and Infringement Action
10. Non-infringing acts
Feedback & supportIt is not an infringement of a qualified owner’s right in a protected layout‑design —
qualified owner
“qualified owner” means —(a)a qualified person who, under section 6(1), is the owner of a layout‑design; or(b)a person who, under section 6(1), is the owner of a layout‑design which was not commercially exploited anywhere else in the world before it was commercially exploited in Singapore or in a qualifying country,and includes a person, whether or not a qualified person, who is a successor in title to a qualified owner of the layout‑design;
if the copying is of any part of a protected layout‑design that does not comply with the requirement of originality referred to in section 5(1);
protected layout‑design
“protected layout‑design” means a layout-design that is protected under section 5;
if the copying is done for a private purpose and not for the purpose of commercial exploitation;
if the copying is done for the sole purpose of evaluation, analysis, research or teaching;
to use the results of such evaluation, analysis or research to create a different layout‑design that complies with the requirement of originality referred to in section 5(1);
layout-design
“layout-design” means the 3-dimensional disposition, however expressed, of the elements of an integrated circuit (at least one of which is an active element), and of some or all of the interconnections of an integrated circuit, or such a 3‑dimensional disposition prepared for an integrated circuit intended for manufacture;
to do any of the acts referred to in section 8 in respect of the layout‑design referred to in paragraph (d);
for a qualified owner of another protected layout‑design —
that is identical to the firstmentioned protected layout‑design; and
that is independently created,to do any of the acts referred to in section 8 in respect of that other layout‑design; or
to commercially exploit a copy of the protected layout‑design, an integrated circuit in which the layout‑design is incorporated or an article that contains an integrated circuit in which the layout‑design is incorporated after the copy, integrated circuit or article has been commercially exploited, whether in Singapore or elsewhere, by, or with the consent of, the qualified owner.
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; or(c)to import for the purpose of sale, letting for hire or other distribution by way of trade,and “commercially exploited”, “commercially exploiting” and “commercial exploitation” have corresponding meanings;