324 No. 6 of 2016] Layout-designs of Integrated Circuits (g) if it is to commercially exploit a copy of the protected layout-design, an integrated circuit in which the layoutdesign is incorporated or an article that contains an integrated circuit in which the layout-design is incorporated after the reproduction, integrated circuit or article has been commercially exploited, whether in the Republic or elsewhere, by, or with the consent of, the qualified owner. Innocent infringement 56. (1) The rights of a qualified owner in a protected layoutdesign shall not be infringed by a person who unknowingly commercially exploits or authorises the commercial exploitation of— (a) a copy of a 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 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 or the integrated circuit was unauthorised or that the article contained an unauthorised integrated circuit. (2) Where the person, referred to in subsection (1), becomes aware or could reasonably be expected to have become aware that the copy or the integrated circuit was unauthorised or that the article contains an unauthorised integrated circuit, that subsection continues to apply to any subsequent commercial exploitation of the copy, integrated circuit or article only if the person pays to the qualified owner such remuneration— (a) as may be agreed between the person and the qualified owner; (b) as is determined by a method agreed between the person and the qualified owner; or (c) in default of agreement, as is determined by the High Court on an application made by either the person and the qualified owner, taking into account such royalties as would reasonably be payable under a freely negotiated licence in respect of the protected layout-design.

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