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CS Professional · Intellectual Property Rights - Law and Practice · Layout-Designs of Integrated Circuits

Tarang Labs, a university research unit, reproduces a registered layout-design solely to analyse its structure for classroom teaching and scientific evaluation. It does not sell anything. Is this an infringement under the Act?

It is not infringement. The Act expressly excludes reproduction done for the limited purposes of scientific evaluation, analysis, research or teaching from the reproduction-based infringement. No consent, royalty or prior notice is required for that limited use.

  1. AYes, because any reproduction without the proprietor's consent is infringement
  2. BYes, unless Tarang Labs pays royalty to the proprietor
  3. CNo, reproduction for limited purposes of scientific evaluation, analysis, research or teaching is not infringementCorrect
  4. DNo, but only if the proprietor is notified in writing beforehand

Explanation

Section 18(2) provides that reproduction performed for the limited purposes of scientific evaluation, analysis, research or teaching does not constitute infringement under clause (a). No royalty or prior notice is required by that provision. Option A ignores this exception.

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