[Notes on Article 2, contd.]
IPIC/DC/3 page 18
42.
Ad(v): As explained above, Article 14(1)(b) of the draft Treaty envisages that any Intergovernmental Organization having its own legislation providing for intellectual property protection in respect of layout-designs and applicable in the territory of all its member States may become party to the Treaty. In consequence, the term "Contracting Party" has been used instead of the term "Contracting State," and is used to mean a State or Intergovernmental Organization party to the Treaty.
43. Ad(vi): The expression "territory of a Contracting Party" has been defined in order to make it clear that, where the Contracting Party is an intergovernmental organization, its territory is coterminous with the territories of its member States. The expression is relevant to the obligation of each Contracting Party to secure intellectual property protection in respect of layout-designs contained in Article 3(1), to the application of the principle of national treatment contained in Article 5, and to the exception to infringement contained in Article 6(5) in respect of articles temporarily or accidentally entering the territory of a Contracting Party.
44. Ad(vii) to (ix): These definitions are self-explanatory and have been inserted in consequence of the more elaborate administrative provisions contained in Articles 9 and 10 that were requested during the fourth session of the Committee of Experts.