Page:United States Statutes at Large Volume 106 Part 6.djvu/787

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PROCLAMATION 6449-JUNE 22, 1992 106 STAT. 5345 and of the licensee. The continued existence of these circumstances shall be reviewed upon request of the patent owner. (5) Judicial review shall be available for: (a) Decisions to grant compulsory licenses, except in the instance of a declared national emergency, (b) decisions to continue compulsory licenses, and (c) decisions concerning the amount of compensation provided for compulsory licenses. (d) Layout-Designs of Semiconductor Integrated Circuits (i) Subject Matter for Protection (1) Each Party shall provide protection for original layout-designs incorporated in a semiconductor integrated circuit, however the layout-design might be fixed or encoded. (2) Each Party may condition protection on fixation or registration of the layoutdesigns. 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 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 inccH'porate the layout-design in a semiconductor chip; and (C) to import or distribute a s«niconductor integrated circuit incorporating the layout-design and products including such integrated circuits. (2) The conditions set out in paragraph (c)(vi) of this paragraph shall apply, oiutatis mutandis, to the grant of any compulsory licenses for layout-designs. (3) Neither Party is required to extend {Hxitection to layout-designs that are commonplace in the industry at the time of their creation or to layout-designs that are racclusively 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 woe sold by or with the consent of the owner of the layoutdesign; and (C) importation or distribution up to the point of notice of a semiconductor chip incorporating a protected layout-design and products incorporating such chips by a po-son who establishes that he did not know, and had no reasonable grounds to believe, that the layout-design was protected, provided that, with respect to stodc on hand or purchased at the time notice is received, such person may import or distribute only such stock but is liable for a reasonable royalty on the sale of each item after notice is received. (lii) Term of Protection The torn of protection for the lay-out design shall extend for at least ten years from the date of first corrunercial exploitation or the date of registration of the design, if required, whichever is earlia". (e) Acts Contrary to Honest Commercial Practices and the Protection of Trade Secrets (i) In the course of ensuring effective protection against un&ir competition as provided for in Article 10 bis of the Paris Conv«ition for the Protection of Industrial Property,