136 10:35 CE,BRUK.KI884, 033. 382.1
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10. Acts not requiring authorization
9
A "pona fide acquirer" should not be considered as an infringer if he commercially exploits or Imports a protected layout-design or
microchip, whether or not Incorporated in another article, but the
right holder should be entitled to claim an equitable remuneration
for all acts in respect of innocently acquired stocks committed once
the person dealing in them is no longer Innocent.
11. The treaty should oblige contracting parties to consider reproduction
without the authorization of the right holder lawful if it is for the
sole purpose of evaluation, analysis and teaching. Research in
respect of the concepts of the layout-design could be Included In this list. As regards reverse engineering, the Community should seek
to avoid any formula differing from the Directive and in particular
any criterion relating to the second layout design("partly
different") or any specification of the amount of copying allowed in
such a case.
12. Exhaustion
The future treaty should allow for Community exhaustion, leaving any
contracting party the freedom to decide on the relevant market on
which the product has to be put in order to trigger exhaustion.
13. Start of protection and registration
Protection should be available either from first commercial
exploitation anywhere in the world or from the date of filing an
application for registration.
14. Formalities
Formalities should be kept to a minimum. The Community should alm
for a solution whereby It is ensured at least that material containing trade secrets, not being necessary to identify the layout-
design, la not made publicly available.
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