A.48 Invalidation of registered layout design Duration of protection Importation by persons other than owner (3) The holder of the right may not exercise his or her right in respect of an identical original layout design that was independently created by a third party. (4) Any person who acquires an integrated circuit or article incorporating an unlawfully reproduced layout design and does not know and has no reasonable grounds to know when acquiring that integrated design or article that it incorporated an unlawfully reproduced layout design shall, upon receiving sufficient notice that the layout design or article he or she has received was unlawfully reproduced, perform any of the acts under section 69 (2) with respect to the stock on hand or ordered before receiving such notice, but shall be liable to pay to the right holder compensation equivalent to a reasonable royalty payable under a freely negotiated licence in respect of such a layout design. 71. (1) Subject to the provisions of this Act, the Registrar or the High Court may, on the application of any interested person, invalidate the registration of a layout design on any of the following grounds — (a) that the layout design is not original in terms of section 65; (b) that the applicant for registration was not the owner; (c) where the layout design has been commercially exploited, that such exploitation occurred more than two years before the filing date accorded to the layout design; or (d) on any ground on which the Registrar could have refused to register the layout design. (2) Where the grounds of invalidation are established only to a part of the layout design, only that part shall be invalidated. (3) An application for the invalidation of a layout design shall be served on the person in whose name it is registered and, where applicable, lodged with the Court in the manner and within the time prescribed. (4) Where a layout design is invalidated or transferred to its rightful owner, the Registrar shall, within such time as may be prescribed, publish a reference thereto in the Journal and the invalidated layout design or any part thereof shall be null and void from the date of commencement of its protection. 72. A layout design for an integrated circuit shall be protected for 10 years from the date of filing of the application for registration or from the first commercial exploitation wherever it occurs in the world, provided that protection shall in all cases lapse 15 years after the creation of the layout design. 73. (1) Any person, other than the owner of a layout design, may apply to the Minister to import any product covered by the integrated circuit of a layout design where — (a) the product covered by the integrated circuit of a layout design is available in a quantity that is not sufficient to meet the local demand in Botswana, or is available at an unreasonable low quality, or at prices which the Minister deems abusive; or (b) for any other reason of public interest.