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Contents

Part III

18. 117

{a} an eligible layout design is commercially exploited, whether in Brunei Darussalam or elsewhere by, or with the licence of, the owner of the layout design rights in that layout design; and

Commercial exploitation of eligible layout design previously exploited under licence.

Use by

Government for security, defence, etc.

{b) a person acquires a copy of that layout design, or an integrated circuit made in accordance with that layout design, as a result of that commercial exploitation, it is not an infringement of the layout design rights in that layout design if he commercially exploits the copy or integrated circuit in

Brunei Darussalam.

(2)

Notwithstanding sections 26 and 27, and subsection (2l of section 31, of the Emergency (Copyright) Order, 1999 to the extent that they apply 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 design) is not, under this section, an infringement of the layout design rights in that layout design, 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.

(3)

Expressions used in subsection (2) that are defi.ned in the

Emergency (Copyright) Order, 1999 have the same meaning as they have in that Order.

Report

Part IV

Remedies for Infringement