136 10:35 CE,BRUK.KI884, 033. 382.1

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10. Acts not requiring authorization

9

A "pona fide acquirer" should not be considered as an infringer if he commercially exploits or Imports a protected layout-design or

microchip, whether or not Incorporated in another article, but the

right holder should be entitled to claim an equitable remuneration

for all acts in respect of innocently acquired stocks committed once

the person dealing in them is no longer Innocent.

11. The treaty should oblige contracting parties to consider reproduction

without the authorization of the right holder lawful if it is for the

sole purpose of evaluation, analysis and teaching. Research in

respect of the concepts of the layout-design could be Included In this list. As regards reverse engineering, the Community should seek

to avoid any formula differing from the Directive and in particular

any criterion relating to the second layout design("partly

different") or any specification of the amount of copying allowed in

such a case.

12. Exhaustion

The future treaty should allow for Community exhaustion, leaving any

contracting party the freedom to decide on the relevant market on

which the product has to be put in order to trigger exhaustion.

13. Start of protection and registration

Protection should be available either from first commercial

exploitation anywhere in the world or from the date of filing an

application for registration.

14. Formalities

Formalities should be kept to a minimum. The Community should alm

for a solution whereby It is ensured at least that material containing trade secrets, not being necessary to identify the layout-

design, la not made publicly available.

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