law: Semiconductor Integrated Circuits Layout-Design Act, 2000
  18.
  
     Infringement
  
  of layout-design.
  1.   A registered
  
  layout-design is infringed by a person who, not being the registered proprietor
  
  of the layout-design or a registered user thereof,-
  a.  
  
    does
  
  any act of reproducing, whether by incorporating in a semiconductor integrated
  
  circuit or otherwise, a registered layout-design in its entirety or any part
  
  thereof, except such act of reproducing any part thereof which is not original
  
  within the meaning of sub-section (2) of section 7;
  b.  
  
    subject
  
  to the provisions of sub-section (5) , does any act of importing or
  
  selling or otherwise distributing for commercial purposes a registered
  
  layout-design or a semiconductor integrated circuit incorporating such registered
  
  layout-design or an article incorporating such a semiconductor integrated
  
  circuit containing such registered layout-design for the use of which such
  
  person is not entitled under this Act.
  1.     
  2.   Notwithstanding
  
  anything contained in section 17, sub-section (1) or sub-section (5),
  
   the performance of the act of reproduction referred to in clause (a) of
  
  sub-section (1) , where such act is performed for the limited purposes of
  
  scientific evaluation, analysis, research or teaching, shall not constitute act
  
  of infringement within the meaning of that clause.
  3.   Where a person, on
  
  the basis of scientific evaluation or analysis of a registered layout-design,
  
  creates another layout-design which is original within the meaning of
  
  subsection (2) of section 7, that person shall have the right to
  
  incorporate such another layout design in a semiconductor integrated circuit or
  
  to perform any of the acts referred to in subsection (1) or sub-section (5)
  
   in respect of such another layout-design and such incorporation or
  
  performance of any act shall not be regarded as infringement within the meaning
  
  of subsection (1) .
  4.   Where a layout-design
  
  is created by the process of scientific evaluation or analysis of the
  
  registered layout-design as referred to in sub-section (3) , the use of
  
  such layout-design by the proprietor of such registered layout-design shall be
  
  regarded as infringement within the meaning of sub-section (1) after the
  
  date of registration of such layout-design under this Act.
  5.   Notwithstanding
  
  anything contained in clause (b) of sub-section (1) , the
  
  performance of any of the acts referred to in that clause by a person shall not
  
  be regarded as infringement within the meaning of that clause if such act is
  
  performed or directed to be performed in respect of a semiconductor integrated
  
  circuit incorporating a registered layoutdesign or any article incorporating
  
  such a semiconductor integrated circuit where such person does not possess any
  
  knowledge or has no reasonable ground to know while performing or directing to
  
  be performed such act in respect of such semiconductor integrated circuit or
  
  article that it incorporated a registered layout-design but after the time when
  
  such person has received notice of such knowledge, he may continue to perform
  
  or directing to be performed such act in respect of the stock on hand or
  
  ordered before such time and, then, he shall be liable to pay the proprietor of
  
  the registered layout-design a sum by way of royalty to be determined by
  
  negotiation between registered proprietor of the registered layout-design and
  
  that person or by the Appellate Board having regard to the benefit accrued to
  
  such person by performing or directing to be performed such act in respect of
  
  such semiconductor integrated circuit or article, as the case may be.
  6.   Where any other person
  
  purchases a semiconductor integrated circuit incorporating a registered
  
  layout-design or any article incorporating such a semiconductor integrated
  
  circuit referred to in sub-section (5) from a person referred to in that
  
  sub-section, then, such other person shall be entitled to the immunity from
  
  infringement in respect of that semiconductor integrated circuit or article, as
  
  the case may be, to the extent and in the manner as if the word ''person''
  
  referred in that sub-section includes the word any other person referred in
  
  this subsection.
  7.   Nothing contained in
  
  clause (b) of sub-section (1) shall be construed as constituting
  
  an act of infringement where any person performs any of the acts specified in
  
  that clause with the written consent of the registered proprietor of a
  
  registered layout-design or within the control of the person obtaining such
  
  consent, or in respect of a registered layout-design or a semiconductor
  
  integrated circuit incorporating a registered layout-design or any article
  
  incorporating such a semiconductor integrated circuit, that has been put on the
  
  market by or with the consent of the registered proprietor of such registered
  
  layout-design.
  8.   Notwithstanding
  
  anything contained in this Act, where any person by application of independent
  
  intellect has created a layout-design which is identical to a registered
  
  layoutdesign, then, any act of such person in respect of the layout-design so
  
  created shall not be the infringement of the registered layout-design.