TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 172

[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]