(4) [Sale and Distribution of Infringing Microchips After Notice But
Acquired Innocently Before Notice]
Notwithstanding paragraph (1)(iii), no
Contracting Party shall be obliged to consider unlawful the importing, selling
or otherwise distributing, for commercial purposes, of a microchip in which a
protected layout-design (topography) was incorporated without the
authorization of the holder of the right, irrespective of whether the
microchip is imported, sold or otherwise distributed as part of some other
article or separately, where the person performing or ordering such acts did not know or had no reasonable ground to know, when acquiring such microchip or such article, that the reproducing of the protected layout-design (topography)
or its incorporation had been done without the authorization of the holder of
the right [Alternative E: ] [Alternative F: ; however, the said person
shall be obliged to pay the holder of the right an equitable remuneration in
respect of each microchip imported, sold or otherwise distributed, as part of
some other article or separately, for commercial purposes, after actual notice
has been given to the said person by the holder of the right that the
reproducing or incorporation had been done without his authorization, the
amount of such remuneration to be fixed, failing agreement between the
parties, by a court or an other impartial authority designated by legislation.]