FEB. 14 'ee
37 OCE.BRUIK, KI204,093,328.8857191
15. Term of protection
- 10.
-
The 10 year term of the Directive should be defended, but a reasonable transition period could be contemplated for developing
countries.
11. Dispute settlement
16. The Community should examine the proposals to be made by WIPO on this
Issue. While it would, on the one hand, be in the Community's interest to seek a dispute settlement mechanism in the Treaty for purposes of substance and of consistency with the GATT negotiations, It is, on the other hand, clear that such a proposal would be opposed
by many developing countries.
The final Community position on the inclusion of a dispute settlement mechanism should be defined also in the light of developments during
the Diplomatic Conference.
111.
Common position
17. The Member States should take the common position that the future
treaty should contain a provision to allow for non-voluntary licences under certain well-defined conditions, as follows:
18. Non-voluntary licences should only be granted in cases
Involving
or
national defence, pubilc health or other vital pubile interests, In cases of abuse of rights resulting from violation of competition
law.
19. Such Elcences should be available only if the authorization necessary
In accordance with the treaty cannot be obtained from the rightholder, and if a microchip marketed with the consent of the rightholder and incorporating the protected layout-design in question
Is not freely available.