IPIC/DC/3 page 28
Notes on Article 6
61. Ad the Article as a whole: This Article deals with the scope of the protection which, by virtue of Article 3, each Contracting Party is obliged to secure in respect of layout-designs. It obliges Contracting Parties to consider unlawful "at least" the acts enumerated in paragraph (1) when committed without the authorization of the holder of the right. This is the rule, but the Treaty provides also for exceptions.
62. Some of the exceptions are obligatory, that is, each Contracting Party is obliged to consider certain acts as not unlawful, even if committed without the authorization of the holder of the right. Other exceptions are facultative, that is, each Contracting Party has the right to decide, as it wishes, whether certain acts, when committed without the authorization of the holder of the right, are unlawful or not unlawful.
63. The rule is--roughly stated (the details are to be found in the draft text and later passages of these comments)--that the authorization of the holder of the right is required for the following acts:
(1)
(2)
reproducing a protected layout-design (subparagraph (1)(i));
incorporating a protected layout-design in a microchip (paragraph (1)(ii));
64.
acts:
(3)
importing, selling or otherwise distributing, for commercial purposes,
a protected layout-design, and
a microchip in which a protected layout-design is incorporated, regardless of whether the microchip is
imported, sold or otherwise distributed as part of some other article or separately (paragraph (1)(iii)).
The obligatory exceptions allow the performance of otherwise prohibited
(1)
for private or non-commercial use (subparagraph (2)(a)),
(2)
for the sole purpose of evaluation, analysis [, research] or teaching (subparagraph (2)(a)),
(3)
(4)
in respect of the use of the fruits of "reverse engineering" (subparagraph (2)(b); it is to be noted that the expression "reverse engineering" is not used in the draft Treaty),
if occasioned by the temporary or accidental passage in the territory of a Contracting Party of vehicles, etc., using microchips (paragraph (5)).
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