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Chapter Summary

This chapter discusses about Article 36 constitutes a reservation on the granting of permission in favour of the right holder. None of the acts listed may be performed without the authorization of the right holder. Exceptions to this principle are specified in Article 37. Consequently, Articles 36 and 37 form a rule-exception relationship. An unlawful reproduction of a layout-design is any reproduction originating from one of the acts reserved to the right holder in accordance with Article 36. It is irrelevant in this respect whether the infringer was aware of committing an unlawful act with regard to a protected layout-design. Good faith on the part of the infringer has no influence on the assessment of the illegality of the acts in question. The final part of Article 36 clarifies that right holders may institute legal proceedings in respect of the product.

Keywords: faith; layout-design; protection; right holder



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