Common use of Layout Designs (Topographies) of Integrated Circuits Clause in Contracts

Layout Designs (Topographies) of Integrated Circuits. 1. Each Party shall protect layout designs (topographies) of integrated circuits ("layout designs") in accordance with Articles 2 through 7, 12 and 16(3), other than Article 6(3), of the Treaty on Intellectual Property in Respect of Integrated Circuits as opened for signature on May 26, 1989, and, in addition, shall comply with the provisions of paragraphs 2 through 8 of this Article. 2. Subject to paragraph 3, each Party shall make it unlawful for any person without the right holder's authorization to reproduce, import or distribute a protected layout design, an integrated circuit in which a protected layout design is incorporated, or an article incorporating such an integrated circuit only insofar as it continues to contain an unlawfully reproduced layout design. 3. Neither Party may make unlawful any of the acts referred to in paragraph 2 performed in respect of an integrated circuit that incorporates an unlawfully reproduced layout design, or any article that incorporates such an integrated circuit, where the person performing those acts or ordering those acts to be done did not know and had no reasonable ground to know, when it acquired the integrated circuit or article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout design. 4. Each Party shall provide that, after the person referred to in paragraph 3 has received sufficient notice that the layout design was unlawfully reproduced, such person may perform any of the acts with respect to the stock on hand or ordered before such notice, but shall be liable to pay the right holder for doing so an amount equivalent to a reasonable royalty such as would be payable under a freely negotiated license in respect of such a layout design. 5. Neither Party may permit the compulsory licensing of layout designs of integrated circuits. 6. Any Party that requires registration as a condition for protection of a layout design shall provide that the term of protection shall not end before the expiration of a period of 10 years counted from the date of filing an application for registration or from the date on which the layout design is first commercially exploited in the world, whichever occurs first. 7. Where a Party does not require registration as a condition for protection of a layout design, the Party shall provide a term of protection of not less than 10 years from the date of the first commercial exploitation of the layout design, wherever in the world it occurs. 8. Notwithstanding paragraphs 6 and 7, a Party may provide that the protection shall lapse 15 years after the creation of the layout design.

Layout Designs (Topographies) of Integrated Circuits. 1. Each Party shall protect layout designs (topographies) of integrated circuits ("layout designs") in accordance with Articles 2 through 7, 12 and 16(3), other than Article 6(3), of the Treaty on Intellectual Property in Respect of Integrated Circuits as opened for signature on May 26, 1989, and, in addition, shall comply with the provisions of paragraphs 2 through 8 of this Article. 2. Subject to paragraph 3, each Party shall make it unlawful for any person without the right holder's authorization to reproduce, import or distribute a protected layout design, an integrated circuit in which a protected layout design is incorporated, or an article incorporating such an integrated circuit only insofar as it continues to contain an unlawfully reproduced layout design. 3. Neither Party may make unlawful any of the acts referred to in paragraph 2 performed in respect of an integrated circuit that incorporates an unlawfully reproduced layout design, or any article that incorporates such an integrated circuit, where the person performing those acts or ordering those acts to be done did not know and had no reasonable ground to know, when it acquired the integrated circuit or article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout design. 4. Each Party shall provide that, after the person referred to in paragraph 3 has received sufficient notice that the layout design was unlawfully reproduced, such person may perform any of the acts with respect to the stock on hand or ordered before such notice, but shall be liable to pay the right holder for doing so an amount equivalent to a reasonable royalty such as would be payable under a freely negotiated license in respect of such a layout design. 5. Neither Party may permit the compulsory licensing of layout designs of integrated circuits. 6. Any Party that requires registration as a condition for protection of a layout design shall provide that the term of protection shall not end before the expiration of a period of 10 years counted from the date of filing an application for registration or from the date on which the layout design is first commercially exploited in the world, whichever occurs first.the 7. Where a Party does not require registration as a condition for protection of a layout design, the Party shall provide a term of protection of not less than 10 years from the date of the first commercial exploitation of the layout design, wherever in the world it occurs. 8. Notwithstanding paragraphs 6 and 7, a Party may provide that the protection shall lapse 15 years after the creation of the layout design.

Layout Designs (Topographies) of Integrated Circuits. (1. Each Party shall protect layout ) Protection under this Part may be obtained for layout-designs (topographies) of integrated circuits if and to the extent that they are original and has not yet been commercially exploited, or has been commercially exploited for not more than two years, anywhere in the world. ("layout 2) A layout-design shall be considered to be original if it is the result of its creator's own intellectual effort and is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation. (3) A layout-design consisting of a combination of elements and interconnections that are commonplace shall be protected only if the combination, taken as a whole, is original within the meaning of subsection (1). (1) The right to layout-design protection shall belong to the creator of the layout-design. It may be assigned or transferred by succession. Where several persons have jointly created a layout-design, the right shall belong to them jointly. (2) Section 4 shall apply, mutatis mutandis, to layout-designs". (1) Protection under this Act shall not depend upon whether or not the integrated circuit which incorporates the protected layout-design is itself incorporated in accordance with Articles 2 through 7, 12 and 16(3an article. Subject to subsection (2), other than Article 6(3), the protection shall have the effect that the following acts shall be unlawful if performed without the authorization of the Treaty on Intellectual Property right holder: (i) reproducing, whether by incorporation in Respect an integrated circuit or otherwise, the protected layout-design in its entirety or any part thereof, except the act of Integrated Circuits as opened for signature on May 26, 1989, and, in addition, shall reproducing any part that does not comply with the provisions requirement of paragraphs 2 through 8 of this Article.originality referred to in Section 29; 2. Subject to paragraph 3(ii) importing, each Party shall make it unlawful selling or otherwise distributing for any person without commercial purposes the right holder's authorization to reproduce, import or distribute a protected layout layout-design, an integrated circuit in which a the protected layout layout- design is incorporated, incorporated or an article incorporating such an integrated circuit only insofar in so far as it continues to contain an unlawfully reproduced layout layout-design. 3. Neither Party may make unlawful (2) The effect of protection of a layout-design under this Act shall not extend to: (i) reproduction of the protected layout-design for private purposes or for the sole purpose of evaluation, analysis, research or teaching; or (ii) the incorporation in an integrated circuit of a layout-design created on the basis of such analysis or evaluation and which is itself original in the meaning of Section 37 or the performance of any of the acts referred to in paragraph 2 subsection (1) in respect of that layout-design; or (iii) the performance of any of the acts referred to in subsection (1)(ii) where the act is performed in respect of a protected layout-design, or in respect of an integrated circuit in which such a layout-design is incorporated, that incorporates has been put on the market in Oman by, or with the consent of, the right holder, and consequently exhausting the rights of the right holder; or (iv) the performance of any of the acts referred to in subsection (1)(ii) in respect of an integrated circuit incorporating an unlawfully reproduced layout design, layout-design or any article that incorporates incorporating such an integrated circuit, circuit where the person performing those acts or ordering those acts to be done such an act did not know and had no reasonable ground to know, when it acquired acquiring the integrated circuit or the article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout layout-design. 4. Each Party shall provide that; however, after the time that such person referred to in paragraph 3 has received sufficient notice that the layout layout-design was unlawfully reproduced, such that person may perform any of the said acts only with respect to the stock on hand or ordered before such notice, but time and shall be liable to pay to the right holder for doing so an amount a sum equivalent to a reasonable royalty such as would be payable under a freely negotiated license in respect of such a layout layout-design; or (v) the performance of any of the acts referred to in Subsection (1)(ii) where the act is performed in respect of an identical layout-design which is original and has been created independently by a third party. 5. Neither Party may permit (1) Without prejudice to the compulsory licensing provisions of layout designs Subsection 2(iii) of this Section, the Minister shall have the authority, ex officio or at the request of any interested party, of declaring the layout-design certificate rights exhausted, and thus of authorizing others to import the acquiring the registered integrated circuitscircuit or the article incorporating such an integrated circuit (“the product”) from another territory when that product is not available in the territory of Oman or is available in the territory of Oman with unreasonably low quality standards or in a quantity that is not sufficient to meet the local demand or at prices that the Minister deems abusive or for any other reason of public interest, including anticompetitive practices, provided that: (i) The product has been put in the channels of commerce in the territory from which it will be imported by the owner of the layout-design certificate or with his consent; and (ii) The layout-design in question is protected in the territory from which the product will be imported and is owned by the same person who owns the layout- design certificate in Oman or by a person under his control. 6. Any Party (2) the Minister shall, ex officio, or at the request of the right holder, cancel the authorization. ( a ) If the importer fails to fulfill the purpose that requires registration as a condition for protection justified the Minister’s decision to consider the right holder’s rights exhausted, ( b ) If the conditions that gave rise to the Minister’s decision to consider the right holder’s rights exhausted cease to exist, the Minister may, ex officio or at the request of a layout design shall provide the right holder, cancel the authorization, provided that the term of protection shall not end before the expiration of a period of 10 years counted from the date of filing an application for registration or from the date on which the layout design is first commercially exploited in the world, whichever occurs first. 7. Where a Party does not require registration as a condition for protection of a layout design, the Party shall provide a term of protection of not less than 10 years from the date legitimate interests of the first commercial exploitation of the layout designimporter are taken into account, wherever in the world it occurs. 8. Notwithstanding paragraphs 6 and 7, a Party may provide including but not exclusively that the protection shall lapse 15 years after importer will retain the creation of right to commercialize the layout designproducts that remain on stock.