Commercial exploitation of eligible layouts previously exploited under licence
24 Commercial exploitation of eligible layouts previously exploited under licence
Where:
an eligible layout is commercially exploited, whether in Australia or elsewhere, by, or with the licence of, the owner of the EL rights in the layout; and
a person acquires a copy of the layout, or an integrated circuit made in accordance with the layout, as a result of that commercial exploitation;
it is not an infringement of the EL rights in the layout if the person commercially exploits the copy or the integrated circuit in Australia.
In spite of section 37 of the Copyright Act 1968 and section 38 of that Act to the extent that section 38 applies to imported articles, where the commercial exploitation of an integrated circuit containing a copy or adaptation of a work (being an integrated circuit made in accordance with an eligible layout) is not, under this section, an infringement of the EL rights in the layout, that commercial exploitation is not an infringement of the copyright in that work unless the making of that copy or adaptation was an infringement of that copyright.
Expressions used in subsection (2) that are used and defined in the Copyright Act 1968 have the same respective meanings in that subsection as they have in that Act.
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