1. Notwithstanding Article 36, no Member may consider unlawful any of the actions referred to in that Article in respect of an integrated circuit containing an illegally reproduced layout project or an article containing such an integrated circuit, if the person undertaking or ordering such acts did not have sufficient reason to know; upon acquisition of the integrated circuit or article containing such an integrated circuit that it contained an illegally reproduced layout design. Members shall provide that upon being duly informed that the design of the layout has been unlawfully reproduced, that person may perform any act concerning the stock available or ordered before that date, but that he is required to pay the holder an amount corresponding to a reasonable licence fee which should be paid under a freely negotiated licence for such a layout. Subject to the provisions of Article 37(1), Members consider that the following acts are unlawful if carried out without the authorization of the right holder: (9) import, sale or other distribution for commercial purposes of a protected layout design, an integrated circuit in which a protected layout design is integrated or an article containing such an integrated circuit, only to the extent that: when it continues to contain an illegally reproduced layout design. l) If such use is permitted to permit the exploitation of a patent (of the second) that cannot be exploited without infringing another (the first), the following additional conditions apply:. (b) where there is a high probability that the identical product was manufactured by the process and the patent proprietor was unable to determine the process actually used by reasonable efforts. (i) the validity of a decision authorising such use is subject to independent judicial or other review by a higher authority separate from that member; 3. Evidence to the contrary must take into account the legitimate interests of the defendant in the protection of its trade and business secrets. 3. Notwithstanding paragraphs 1 and 2, a Member may provide that protection shall expire fifteen years after the creation of the layout design.
1. Subject to paragraphs 2 and 3, patents shall be available for all inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are reusable. 5. Subject to the provisions of Articles 65(4), 70 (8) and 3 (3) of this Article, patents shall be available and patent rights shall be used without discrimination as regards the place of invention, the field of technology and the importation or local production of products. . . .