Page:United States Statutes at Large Volume 115 Part 3.djvu/650

 115 STAT. 2724 PROCLAMATION 7449-JUNE 8, 2001 Article 8 Layout Designs (Topographies) of Integrated Circuits Each Party shall protect layout designs (topographies) of integrated circuits ("layout designs') in accordance with Articles 2 through 7,12 and 16(3), other than Article 6(3), of the Treaty on Intdlectual Property in Respect of Int^ated Circuits as opened for signature on May26, 1989, and, in addition, shall comply with theprovisions of paragraphs 2through 8 of this Article Subject to paragraph 3, each Party shall make it unlawful for any person without the right holder's authorization to reproduce, import or distribute a protected layout design, an integrated circuit in which a protected layout design is incorporated, or an article incorporating such an integrated circuit only insofar as it continues to contain an unlawfully reproduced layout design Neither Party may make unlawful any of the acts referred to in paragraph 2 performed in respect of an integrated circuit that incorporates an unlawfully reproduced layout design, or any article that incorporates such an integrated circuit, where the person performing those acts or orderingthose acts to be done did not know and had no reasonable ground to know, when it acquired the integrated circuit or article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout design Each Party shall provide that, after the person referred to in paragraph 3 has received sufficient notice that thelayout design was unlawfully reproduced, such person may perform any of the acts wath respect to the stock on hand or ordered before such notice, but shallbe liable topay the right holder for doing so an amount equivalent to a reasonable royalty such as would be payable under afreelynegotiated license in respect of such alayout design. Neither Party may permit the compulsory licensing of layout designs of integrated circuits Any Party that requires registration as a condition for protection of a layout design shall provide that the term of protection shall not end before the expiration of a period of 10 years counted from the date of filing an application for r^stration or from the date on which the layoutdesign isfirstcommercially exploited in the world, whichever occurs first. Where a Party does not require registration as a condition for protection ofa layoutdesign, the Party shall provide a term of proteaion of not less than 10 years from the date of the first commercial exploitation of the layout design, wherever in the world it occurs Notwithstanding paragraphs 6 and 7, a Party may providethat the protection shall lapse IS years after the creation of the layout design. i:

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