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WEDNESDAY, JUNE 9, 1993
THE TERM OF PROTECTION WILL BE 10 YEARS AFTER A LAYOUT-DESIGN WAS FIRST COMMERCIALLY EXPLOITED AND 15 YEARS AFTER IT WAS CREATED THERE IS NO COMMERCIAL EXPLOITATION.
IF
TO QUALIFY FOR PROTECTION, AN OWNER MUST HAVE A RIGHT OF ABODE, OR A REAL AND EFFECTIVE INDUSTRIAL OR COMMERCIAL ESTABLISHMENT FOR THE CREATION OF LAYOUT-DESIGNS OR THE PRODUCTION OF INTEGRATED CIRCUITS IN HONG KONG OR IN A QUALIFYING COUNTRY, TERRITORY OR AREA.
ALTERNATIVELY, AN
OWNER CAN BECOME QUALIFIED IF HIS LAYOUT- 1ESIGN IS FIRST COMMERCIALLY EXPLOITED IN HONG KONG OR IN A QUALIFYING COUNTRY, TERRITORY OR AREA.
THE RIGHT TO REPRODUCE AND TO EXPLOIT COMMERCIALLY A LAYOUT- IRSIGN BELONGS TO THE QUALIFIED OWNER. UNDER THE BILL, CIVIL REMEDIES
'RE AVAILABLE FOR THE INFRINGEMENT OF SUCH RIGHTS.
THE BILL ALSO PERMITS CERTAIN NON-INFRINGING ACTS WHICH INCLUDE THE REPRODUCTION OF LAYOUT-DESIGNS FOR PRIVATE USE AND FOR EVALUATION, ANALYSIS, RESEARCH OR TEACHING.
"THESE EXEMPTIONS ARE IN LINE WITH AN INTERNATIONAL CONSENSUS AND WOULD HELP ENCOURAGE RESEARCH AND DEVELOPMENT IN INTEGRATED CIRCUITS TECHNOLOGY," MR CHAU SAID.
HE
THE BILL EMPOWERS THE GOVERNOR ΤΟ DESIGNATE A COUNTRY, TERRITORY OR AREA AS A QUALIFYING COUNTRY, TERRITORY OR AREA, IF CONSIDERS THAT THEIR LAWS WILL PROVIDE OR HAVE ALREADY ACCORDED ADEQUATE PROTECTION TO HONG KONG LAYOUT-DESIGN OWNERS.
"THIS WILL FACILITATE HONG KONG ΤΟ ENTER INTO RECIPROCAL ARRANGEMENTS WITH OTHER COUNTRIES, TERRITORIES OR AREAS, HE SAID.
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THE BILL ALSO ALLOWS GOVERNMENT USE OF A LAYOUT-DESIGN WITHOUT THE CONSENT OF ITS OWNER IN THE EVENT OF EXTREME URGENCY DECLARED BY THE GOVERNOR IN COUNCIL.
"THIS IS NECESSARY FOR THE GOVERNMENT TO MAINTAIN THE SUPPLIES SERVICES ESSENTIAL TO THE LIFE OF THE COMMUNITY IN AN EXTREME URGENCY, HE SAID.
AND
十字
THE OWNER'S INTEREST WILL BE PROTECTED BECAUSE THE USE WILL BE SUBJECT TO PAYMENT OF COMPENSATION, HE ADDED.
DEBATE ON THE BILL WAS ADJOURNED.
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