Page:United States Statutes at Large Volume 104 Part 6.djvu/975

 PROCLAMATION 6175—SEPT. 6, 1990 104 STAT. 5365 tide X of the Agreement, your Government intends to incorporate the following principles in your national legislation on intellectual property. A. Copyright Protection for Computer Programs Copyright protection for computer programs shall extend to all types of computer programs including application programs and operating systems which may be expressed in any language, whether in source or object code and regardless of their medium of fixation. The duration and level of protection for computer programs shall be consistent with that provided to other literary works. Limitations on rights expressly permitted to apply to literary works under the Berne Convention for the Protection of Literary and Artistic Works (Paris 1971) shall also be made applicable to computer programs. In addition, owners of a copy of a computer program shall be provided the right to make or authorize the making of a single copy or adaptation of that computer program provided: (a) that such new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner; or (b) that such a new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event tnat continued possession of the computer program should cease to be rightful. B. Protection of Integrated Circuit Layout Designs Protection shall be granted for any original layout design incorporated in a semiconductor integrated circuit chip, however the layout design might be fixed or encoded. Protection need not be provided to layout designs that are commonplace in the integrated circuit industry at the time of their creation or to layout designs that are exclusively dictated by the functions of the integrated circuit to which they apply. Protection may be conditioned on fixation or registration. If protection is conditioned on registration of the layout design, applicants will be given at least two years from first commercial exploitation of the layout design in which to apply for registration. If deposits of identify- ing material or other material related to the layout design are required, applicants shall not be required to disclose confidential or proprietary information unless it is essential to allow identification of the layout design. The term of protection shall extend for at least ten years from the date of first commercial exploitation or the date of registration, if required, whichever is earlier. The owner of the layout designs must be provided the exclusive right to do or to authorize the doing of the following: (a) reproduce the layout design; (b) incorporate the layout design in a semiconductor integrated circuit chip; and (c) import or distribute a semiconductor integrated circuit chip incorporating the layout design including products incorporating such chips. Limitations on the layout design owner's exclusive rights may be implemented solely through non-exclusive compulsory or non-voluntary licenses and only to remedy an adjudicated violation of competition laws or to address, only during its existence, a declared national emer-

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