TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 21

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Article 3

The Subject Matter of the Treaty

Each

(1) [Obligation to Protect Layout-Designs (Topographies)]

Contracting Party shall have the obligation to secure, throughout its

territory, intellectual property protection in respect of layout-designs

(topographies) in accordance with this Treaty. It shall, in particular, adopt

adequate measures to ensure the prevention of acts considered unlawful under

Article 6 and appropriate legal remedies where such acts have been committed.

(2)

[Requirement of Originality]

(a) The obligation referred to in

paragraph (1) shall apply to layout-designs (topographies) that are original

in the sense that they are the result of their creators' own intellectual

effort and are not commonplace among creators of layout-designs (topographies)

and manufacturers of microchips at the time of their creation.

(b) A layout-design (topography) that consists of a combination of

elements or interconnections that are commonplace shall be protected only if .

the combination, taken as a whole, fulfils the conditions referred to in

subparagraph (a).

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