Rights Acquired. (1) Each Party shall provide to owners of rights in integrated circuit layout designs of the other Party the exclusive right to do or to authorize the following: (A) to reproduce the layout-design; (B) to incorporate the layout-design in a semiconductor chip; and (C) to import or distribute a semiconductor chip incorporating the layout-design and products including such chips. (2) The conditions set out in paragraph (c)(v) of this Article shall apply, mutatis mutandis, to the grant of any compulsory licenses for layout-designs. (3) Neither Party is required to extend protection to layout-designs that are commonplace in the industry at the time of their creation or to layout-designs that are exclusively dictated by the functions of the circuit to which they apply. (4) Each Party may exempt the following from liability under its law: (A) reproduction of a layout-design for purposes of teaching, analysis, or evaluation in the course of preparation of a layout-design that is itself original; (B) importation and distribution of semiconductor chips, incorporating a protected layout- design, which were sold by or with the consent of the owner of the layout-design; and (C) importation or distribution up to the point of notice of a semiconductor chip incorporating a protected layout-design and products incorporating such chips by a person who establishes that he did not know, and had no reasonable grounds to believe, that the layout-design was protected, provided that, with respect to stock on hand or purchased at the time notice is received, such person may import or distribute only such stock but is liable for a reasonable royalty on the sale of each item after notice is received.
Appears in 1 contract
Samples: Trade Agreement
Rights Acquired. (1) a. Each Party shall provide to owners right-holders of rights in integrated circuit layout designs of the other Party the exclusive right to do or to authorize the following:
(Ai) to reproduce the layout-layout design;
(Bii) to incorporate the layout-layout design in a semiconductor chip; and
(Ciii) to import or distribute a semiconductor chip integrated circuit incorporating the layout-layout design and products including such chipsintegrated circuits.
(2) b. The conditions set out in paragraph (c)(v) 6 of this Article Six shall apply, mutatis mutandis, to the grant of any compulsory licenses for layout-designs.
(3) c. Neither Party is required to extend protection to layout-layout designs that are commonplace in the industry at the time of their creation or to layout-designs that are exclusively dictated by the functions of the circuit to which they apply.
(4) d. Each Party may exempt the following from liability under its law:
(Ai) reproduction of a layout-layout design for purposes of teaching, analysis, or evaluation in the course of preparation of a layout-layout design that is itself original;
(Bii) importation and distribution of semiconductor chips, incorporating a protected layout- design, which were sold by or with the consent of the owner of the layout-layout design; and
(Ciii) importation or distribution up to the point of notice of a semiconductor chip incorporating a protected layout-layout design and products incorporating such chips by a person who establishes that he did not know, and had no reasonable grounds to believe, that the layout-layout design was protected, provided that, with respect to stock on hand or purchased at the time notice is received, such person may import or distribute only such stock but is liable for a reasonable royalty on the sale of each item after notice is received.
Appears in 1 contract
Rights Acquired. (1) Each Party shall provide to owners of rights in integrated circuit layout lay-out designs of the other Party the exclusive right to do or to authorize the following:
(A) to reproduce the layout-design;
(B) to incorporate the layout-design in a semiconductor chip; and
(C) to import or distribute a semiconductor chip incorporating the layout-design and products including such chips.
(2) The conditions set out in paragraph (c)(v) of this Article shall apply, mutatis mutandis, to the grant of any compulsory licenses for layout-designs.
(3) Neither Party is required to extend protection to layout-designs that are commonplace in the industry at the time of their creation or to layout-designs that are exclusively dictated by the functions of the circuit to which they apply.
(4) Each Party may exempt the following from liability under its law:
(A) reproduction of a layout-design for purposes of teaching, teachings analysis, or evaluation in the course of preparation of a layout-layout design that is itself original;
(B) importation and distribution of semiconductor chips, chips incorporating a protected layout- design, which were sold by or with the consent of the owner of the layout-design; and
(C) importation or distribution up to the point of notice of a semiconductor chip incorporating a protected layout-design and products incorporating such chips by a person who establishes that he did not know, and had no reasonable grounds to believe, that the layout-layout design was protected, provided that, with respect to stock on hand or purchased at the time notice is received, such person may import or distribute only such stock but is liable for a reasonable royalty on the sale of each item after notice is received.
Appears in 1 contract
Samples: Trade Relations Agreement
Rights Acquired. (1) Each Party shall provide to owners of rights in integrated circuit layout designs of the other Party the exclusive right to do or to authorize the following:
(A) to reproduce the layout-design;
(B) to incorporate the layout-design in a semiconductor chip; and
(C) to import or distribute a semiconductor chip incorporating the layout-design and products including such chips.
(2) The conditions set out in paragraph (c)(v) of this Article shall apply, mutatis mutandis, to the grant of any compulsory licenses for layout-designs.
(3) Neither Party is required to extend protection to layout-designs that are commonplace in the industry at the time of their creation or to layout-designs that are exclusively dictated by the functions of the circuit to which they apply.
(4) Each Party may exempt the following from liability under its law:
(A) reproduction of a layout-design for purposes of teaching, analysis, or evaluation in the course of preparation of a layout-design that is itself original;
(B) importation and distribution of semiconductor chips, incorporating a protected layout- layout-design, which were sold by or with the consent of the owner of the layout-design; and
(C) importation or distribution up to the point of notice of a semiconductor chip incorporating a protected layout-layout- design and products incorporating such chips by a person who establishes that he did not know, and had no reasonable grounds to believe, that the layout-design was protected, provided that, with respect to stock on hand or purchased at the time notice is received, such person may import or distribute only such stock but is liable for a reasonable royalty on the sale of each item after notice is received.
Appears in 1 contract
Samples: Trade Relations Agreement
Rights Acquired. (1) Each Party shall provide to owners of rights in integrated circuit layout designs of the other Party the exclusive right to do or to authorize the following:
(A) to reproduce the layout-design;
(B) to incorporate the layout-design in a semiconductor chip; and
(C) to import or distribute a semiconductor chip incorporating the layout-design and products including such chips.
(2) The conditions set out in paragraph (c)(v) of this Article shall apply, mutatis mutandis, to the grant of any compulsory licenses for layout-designs.
(3) Neither Party is required to extend protection to layout-designs that are commonplace in the industry at the time of their creation or to layout-designs that are exclusively dictated by the functions of the circuit to which they apply.
(4) Each Party may exempt the following from liability under its law:
(A) reproduction of a layout-design for purposes of teaching, analysis, or evaluation in the course of preparation of a layout-design that is itself original;
(B) importation and distribution of semiconductor chips, incorporating a protected layout- layout-design, which were sold by or with the consent of the owner of the layout-design; and
(C) importation or distribution up to the point of notice of a semiconductor chip incorporating a protected layout-design and products incorporating such chips by a person who establishes that he did not know, and had no reasonable grounds to believe, that the layout-design was protected, provided that, with respect to stock on hand or purchased at the time notice is received, such person may import or distribute only such stock but is liable for a reasonable royalty on the sale of each item after notice is received.
Appears in 1 contract
Samples: Trade Relations Agreement