TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 43

(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.]