TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 86

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screts could be achieved, which is unrealistic bear!

in the

attitudes of those states which are in favour of full disclosure of

the layout-design (topography) in return for the granting of

protection.

Additional paragraphs to be added to the draft

The following paragraphs should be proposed by the Community In respect

of formalities :

"(111) Any Contracting Party may require that protection is conditional

on the filing of an application for registration in accordance with

subparagraph (11) within 2 years of the date of first commercial

exploitation somewhere in the world. In additional any Contracting

Party may require that transfers of rights In protected layout-

designs (topographies) be registered as well as the date of the

commercial exploitation somewhere in the world.

(iv)

Protection in accordance with the present Treaty shall not be

subject to any conditions other than as mentioned in the preceding

paragraphs, nor to the payment of fees exceeding reasonable

administrative registration costs. Other formalities may be

required, but the protection shall not be conditional on such

formalities.

(v) Any Contracting Party shall ensure that legal remedies are

available against any person who fraudulently commits one of the

acts referred to in Article 6 (1) before It is obliged to protect

the layout design (topography) in accordance with subparagraphs

(1) and (11) (to avoid the possible right to future protection in

accordance with Article 2(3) of the present Treaty becoming

compromised.)

(VI)

Contracting States which make use of subparagraph (11) shall

provide for legal remedies against a person who, without the

authorisation of the person entitled to hold the right, has applied

for or obtained the registration of a layout-design (topography)."