105 STAT. 2596 PROCLAMATION 6307—JUNE 24, 1991 3. the compensation provided for compulsory licenses. (d] Layout-Designs of Semiconductor Chips [{) Subject Matter for Protection (1) Each Party shall provide protection for original layoutdesigns incorporated in a semiconductor chip, however the layout-design might be fixed or encoded. (2) Each Party may condition protection on fixation or registration of the layout-designs. If registration is required, applicants shall be given at least two years from first commercial exploitation of the layout-design in which to apply. A Party which requires deposits of identifying material or other material related to the layout-design shall not require applicants to disclose confidential or proprietary information unless it is essential to allow identification of the layout-design. (ii) Rights Acquired (1) Each Party shall provide to right-holders of integrated circuit lay-out designs of the other Party the exclusive right to do or to authorize the following: (A) to reproduce the layout-design; (B) to incorporate the layout-design in a semiconductor chip; and (C) to import or distribute a semiconductor chip incorporating the layout-design and products including such chips. (2) The conditions set out in paragraph 2(c][vi] shall apply, mutatis mutandis, to the grant of any compulsory licenses for layout-designs. (3) Neither Party is required to extend protection to layout-designs that are commonplace in the industry at the time of their creation or to layout-designs that are exclusively dictated by the functions of the circuit to which they apply. (4) Each Party may exempt the following from liability under its law: (A) reproduction of a layout-design for purposes of teaching, analysis, or evaluation in the course of preparation of a layout-design that is itself original; (B) importation and distribution of semiconductor chips, incorporating a protected layout-design, which were sold by or with the consent of the owner of the layout-design; and
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