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Council Directive of 16 December 1986 on the legal protection of topographies of semiconductor products (87/54/EEC)
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Changes over time for: Article 5
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Article 5U.K.
1.The exclusive rights referred to in Article 2 shall include the rights to authorize or prohibit any of the following acts:
(a)reproduction of a topography in so far as it is protected under Article 2 (2);
(b)commercial exploitation or the importation for that purpose of a topography or of a semiconductor product manufactured by using the topography.
2.Notwithstanding paragraph 1, a Member State pay permit the reproduction of a topography privately for non commercial aims.
3.The exclusive rights referred to in paragraph 1 (a) shall not apply to reproduction for the purpose of analyzing, evaluating or teaching the concepts, processes, systems or techniques embodied in the topography or the topography itself.
4.The exclusive rights referred to in paragraph 1 shall not extend to any such act in relation to a topography meeting the requirements of Article 2 (2) and created on the basis of an analysis and evaluation of another topography, carried out in conformity with paragraph 3.
5.The exclusive rights to authorize or prohibit the acts specified in paragraph 1 (b) shall not apply to any such act committed after the topography or the semiconductor product has been put on the market in a Member State by the person entitled to authorize its marketing or with his consent.
6.A person who, when he acquires a semiconductor product, does not know, or has no reasonable grounds to believe, that the product is protected by an exclusive right conferred by a Member State in conformity with this Directive shall not be prevented from commercially exploiting that product.
However, for acts committed after that person knows, or has reasonable grounds to believe, that the semiconductor product is so protected, Member States shall ensure that on the demand of the rightholder a tribunal may require, in accordance with the provisions of the national law applicable, the payment of adequate remuneration.
7.The provisions of paragraph 6 shall apply to the successors in title of the person referred to in the first sentence of that paragraph.
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