TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 116

9.

14

-- JULE, DEU, NICK4, 165, Sec

3. Definitions

U

The definitions should ensure that Integrated circuits are protected

not only in their final form but also in intermediate forms. They

should not contain any restrictive criteria limiting protection to

microchips only.

7.

Form of protection

For the purpose of Implementation by contracting parties, the treaty

should not impose any particular form of legal protection provided

that the national legislation used is consistent with the obligations

under the treaty. The treaty should not contain any provision on the

relation between the present treaty and other treaties in the

intellectual property field.

8. Subject matter of protection

Protection should apply to any layout-design (topography) which is

the result of its creator's intellectual effort. Should "original"

be defined in this sense, this could be accepted as a compromise.

Any exclusion from protection for layout-designs which are

exclusively dictated by function should be rejected.

Scope of protection

The treaty should oblige the contracting parties to provide that the

reproduction, other than for private purposes, of a layout-design or

a substantial part thereof should require the authorization of the

rightholder, as well as the import, sale or other distribution for

commercial purposes of a layout-design as such, or a microchip

Incorporating such a layout-design whether or not this microchip

itself is incorporated in another article.