[Article 6, continued]
IPIC/DC/3 page 35
(a)
(2)
[Acts Not Requiring the Proprietor's Authorization]
Notwithstanding paragraph (1), no Contracting Party shall consider
unlawful the performance, without the authorization of the holder of the
right, of any act referred to in paragraph (1)(i) or (ii) where the act is
performed by a third party for private or non-commercial use or for the sole
purpose of evaluation, analysis [, research] or teaching.
(b) Where the third party referred to in subparagraph (a), on the
basis of evaluation or analysis of the protected layout-design (topography)
("the first layout-design (topography)"), creates a layout-design (topography)
complying with the requirement of originality referred to in Article 3(2)
("the second layout-design (topography)"), that third party may incorporate
the second layout-design (topography) in a microchip or perform any of the
other acts referred to in paragraph (1) in respect of the second layout-design
(topography) without being regarded as infringing the rights of the holder of
the right in the first layout-design (topography).
[continued on page 37]