Document ID: chunk:federal_register_of_legislation:C2012C00729:section:39
Version: federal_register_of_legislation:C2012C00729
Segment Type: section
Provision Reference: s 39
Character Range: 27804–29460

39  Evidentiary labels

 (1) If, at the time when an eligible layout, a copy of an eligible layout, an integrated circuit made in accordance with an eligible layout or an article in which such an integrated circuit is incorporated was first imported or distributed by way of trade, the layout, the copy, the integrated circuit or a package containing it, or the article bore a prescribed label or mark, the fact that it bore the label or mark at that time is prima facie evidence, in an action under section 27 relating to the layout, that any person dealing at or after that time with the layout, the copy or the integrated circuit, as the case may be, has been notified of the subsistence of EL rights in the layout.

 (2) In subsection (1):

distributed by way of trade includes sold, let for hire, or offered or exposed for sale or hire or other distribution by way of trade.

imported means imported into Australia for the purpose of distribution by way of trade.

prescribed label or mark means a label or mark:
 (a) that was affixed to the eligible layout, the copy of the eligible layout, the integrated circuit made in accordance with an eligible layout or the package containing it, or the article in which such an integrated circuit is incorporated so as to be reasonably apparent to a person dealing with the layout, the copy or the integrated circuit, as the case may be; and
 (b) bearing a statement:
 (i) to the effect that EL rights subsist in the layout;
 (ii) specifying the country and the year in which the layout was first commercially exploited; and
 (iii) specifying the maker of the layout.

Division 5—Jurisdiction and appeals