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Article 3 (The Duration of Protection)
Community Position
Paragraph (1) (Minimum Duration Where Commercial Exploitation and
Registration Not Required)
Paragraph 1 of this article fixes the duration of protection for those
parties where protection starts with creation. In order to have a term
of protection which is as uniform as possible this paragraph should be
modified as follows :
"(1) Where the facility provided for in Article 7 has not been made
use of, protection shall last for at least 10 years from the first
commercial exploitation somewhere in the world of the layout-design
(topography)" provided that such commercial exploitation occurs within
a period of fifteen years from its creation."
The proviso, at least, guarantees that protection can start earlier
and last longer where this rule is applicable.
Paragraph (2) (Minimum Duration Where Exploitation or Registration
Required)
As regards the proposed Alternatives M and N the Community is clearly
in favour M, in a modified version (if possible) as follows :
"(2)
Where the faculty provided for In Article 7 has been made use of,
protection shall last at least ten years from the earlier of the
following dates :
the commercial exploitation somewhere in the world
- the filing of an application for registration in due form."