The Semiconductor Products (Protection of Topography) Regulations 1987

7.—(1) Infringement of topography right shall be actionable at the suit of the owner of the right and, subject to paragraphs (2) and (3) below, in any action for such an infringement all such relief, by way of damages, injunction, accounts or otherwise, shall be available to the plaintiff as is available in any corresponding proceedings in respect of infringement of other proprietary rights.

(2) Where in an action for infringement of topography right it is proved or admitted that an infringement was committed (other than by dealing in a reproduction or a semiconductor product) but that at the time of the infringement the defendant did not know, and had no reasonable grounds to believe, that topography right subsisted in the topography, the plaintiff shall not be entitled to any damages against the defendant in respect of the infringement, but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted or not.

(3) Where in an action for infringement of topography right it is proved or admitted that an infringement was committed by dealing in a reproduction or a semiconductor product but that the defendant’s acquisition of the reproduction or product was innocent, the plaintiff shall not be entitled to any relief against the defendant in respect of the infringement other than damages, and any damages awarded shall be limited to an amount which, in the opinion of the court, would have been a reasonable royalty payment under a licence had one been granted by the plaintiff to the defendant in respect of the acts constituting the infringement.

(4) For the purposes of paragraph (3) above, the defendant’s acquisition was innocent if at the time of acquiring the reproduction or product he did not know, and had no reasonable grounds to believe, that dealing in it in the United Kingdom would be an infringement, or if—

(a) his title to the reproduction or product was derived, directly or indirectly, from a person who, at the time that he acquired it, did not know, and had no reasonable grounds to believe, that dealing in it in the United Kingdom would be an infringement, and

(b) the disposal of the reproduction or product by that person either—

(i) would have been an infringment of topography right but for regulation 6(3) above, or

(ii) was an infringement in respect of which paragraph (3) above applied, or

(iii) occurred within the territory of a member state other than the United Kingdom or in Gibraltar and could not have been prevented because of Article 5(6) of Council Directive 87/54/EEC on the legal protection of topographies of semiconductor products(1).

(5) In this regulation, “action” includes a counterclaim, and references to the plaintiff and to the defendant in an action shall be construed accordingly; and in the application of this regulation to Scotland, “injunction” means an interdict, “accounts” means count, reckoning and payment, “an account of profits” means an accounting and payment of profits, “plaintiff” means pursuer and “defendant” means defender.

(1)

O.J. No. L 24, 27.1.1987, p. 36.