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Requirements for protection. 1. The Parties shall protect the topographies of semiconductor products by adopting legislative provisions conferring exclusive rights in accordance with the



 

1. The Parties shall protect the topographies of semiconductor products by adopting legislative provisions conferring exclusive rights in accordance with the provisions of this Article.

 

2. The Parties shall provide for the protection of the topography of a semiconductor in so far as it satisfies the conditions that it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry. Where the topography of a semiconductor product consists of elements that are commonplace in the semiconductor industry, it shall be protected only to the extent that the combination of such elements, taken as a whole, fulfils the abovementioned conditions.

 

 

Article 226

 

Exclusive rights

 

1. The exclusive rights referred to in Article 225 (1) of this Agreement shall include the right to authorise or prohibit any of the following acts:

 

(a) reproduction of a topography in so far as it is protected under Article 225 (2) of this Agreement;

 

(b) commercial exploitation or the importation for that purpose of a topography or of a semiconductor product manufactured by using the topography.

 

2. The exclusive rights referred to in paragraph 1 (a) [of this Article] shall not apply to reproduction for the purpose of analysing, evaluating or teaching the concepts, processes, systems or techniques embodied in the topography or the topography itself.

 

3 The exclusive rights referred to in paragraph 1 [of this Article] shall not extend to any such act in relation to a topography meeting the requirements of Article 225(2)


 

EN 143 EN


[of this Agreement] and created on the basis of an analysis and evaluation of another topography, carried out in conformity with paragraph 2 [of this Article].

 

4. The exclusive rights to authorise or prohibit the acts specified in paragraph 1 (b) [of this Article] shall not apply to any such act committed after the topography or the semiconductor product has been lawfully put on the market.

 

 

Article 227

 

Term of protection

 

The exclusive rights shall amount to at least 10 years from when the topography is first commercially exploited anywhere in the world or, where registration is a condition for the coming into existence or continuing application of the exclusive rights, 10 years from the earlier of the following dates:

 

(a) the end of the calendar year in which the topography is first commercially exploited anywhere in the world;

 



(b) the end of the calendar year in which the application for registration has been filed in due form.

 

Sub-section 7

 

Other Provisions

 

 

Article 228

 

Plant varieties

 

The Parties shall co-operate to promote and reinforce the protection of plant varieties rights in accordance with the International Convention for the Protection of New Varieties of Plants [of 1961] as revised in Geneva on 10 November 1972, 23 October 1978 and on 19 March 1991, including the optional exception to the breeder's right as referred to in Article 15.2 of the said Convention.

 

 

Article 229

 





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