(1) The EL rights in an eligible layout are not infringed by making:
(a) a copy or copies of the layout; or
(b) an integrated circuit in accordance with the layout or with a copy of the layout;
for the private use of the person who does the making.
(2) A copy of an eligible layout, or an integrated circuit made in accordance with an eligible layout or with a copy of such a layout, shall not be taken to have been made for the private use of a person if the copy or integrated circuit, as the case may be, is commercially exploited or distributed otherwise than by way of trade to an extent that will prejudice the interests of the owner of the EL rights in the layout.