TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 87

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Article 3 (The Duration of Protection)

Community Position

Paragraph (1) (Minimum Duration Where Commercial Exploitation and

Registration Not Required)

Paragraph 1 of this article fixes the duration of protection for those

parties where protection starts with creation. In order to have a term

of protection which is as uniform as possible this paragraph should be

modified as follows :

"(1) Where the facility provided for in Article 7 has not been made

use of, protection shall last for at least 10 years from the first

commercial exploitation somewhere in the world of the layout-design

(topography)" provided that such commercial exploitation occurs within

a period of fifteen years from its creation."

The proviso, at least, guarantees that protection can start earlier

and last longer where this rule is applicable.

Paragraph (2) (Minimum Duration Where Exploitation or Registration

Required)

As regards the proposed Alternatives M and N the Community is clearly

in favour M, in a modified version (if possible) as follows :

"(2)

Where the faculty provided for In Article 7 has been made use of,

protection shall last at least ten years from the earlier of the

following dates :

the commercial exploitation somewhere in the world

- the filing of an application for registration in due form."