Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Acts Not Requiring The Authorization Of The Right Holder

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Article 37.1 enumerates the cases excluded from the reservation on the granting of permission of Article 36 that defines the principle to which Article 37 provides the exception. The provision contains two rules: On the one hand, it safeguards the performance in good faith of the acts described in Article 36, and on the other hand, it standardizes the legal consequences once notice of the infringement of property rights has been received. "Knowledge" requires positive notice and is consequently present only if the person performing an act is aware of the fact that the integrated circuit in question incorporates a protected layout-design. A reasonable balance may be achieved by not requiring positive knowledge as a prerequisite for "sufficient notice" and by statutorily supposing for a certain period after which available information is taken notice of.

Keywords: authorization; infringement; integrated circuit; legal consequences; right holder



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    WTO - Trade-Related Aspects of Intellectual Property Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation