Cap. 415 Art. 40Term of protection for topography right.

The right conferred by article 32 shall subsist for ten years from the end of the year in which the semiconductor product topography was first commercially exploited anywhere in the world or for fifteen years from the first fixation or encoding of the semiconductor product topography if it has not been commercially exploited:

Provided that in the case where the term of protection commences from the date of first commercial exploitation in the world rather than from the first fixation or encoding of the topography, the legal remedies provided for by article 43(1) shall also be available in favour of a rightholder who can prove to the satisfaction of the Court that the defendant fraudulently reproduced or commercially exploited or imported for that purpose a semiconductor product topography even though such acts occurred prior to the commencement of the term of protection and the coming into existence of the right conferred by article 32.