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Treaty on Intellectual Property in Respect of Integrated Circuits [1989] WIPOATSer 1

Treaty on Intellectual Property
in Respect of Integrated Circuits

Done at Washington, D.C., on May 26, 1989

CONTENTS

Article 1: Establishment of a Union
Article 2: Definitions
Article 3: The Subject Matter of the Treaty
Article 4: The Legal Form of the Protection
Article 5: National Treatment
Article 6: The Scope of the Protection
Article 7: Exploitation; Registration, Disclosure
Article 8: The Duration of the Protection
Article 9: Assembly
Article 10: International Bureau
Article 11: Amendment of Certain Provisions of the Treaty
Article 12: Safeguard of the Paris and Berne Conventions
Article 13: Reservations
Article 14: Settlement of Disputes
Article 15: Becoming Party to the Treaty
Article 16: Entry Into Force of the Treaty
Article 17: Denunciation of the Treaty
Article 18: Texts of the Treaty
Article 19: Depositary
Article 20: Signature

Article 1
Establishment of a Union

The Contracting Parties constitute themselves into a Union for the purposes of this Treaty.

Article 2
Definitions

For the purposes of this Treaty:

Article 3
The Subject Matter of the Treaty

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

(2) [Requirement of Originality]

Article 4
The Legal Form of the Protection

Each Contracting Party shall be free to implement its obligations under this Treaty through a special law on layout-designs (topographies) or its law on copyright, patents, utility models, industrial designs, unfair competition or any other law or a combination of any of those laws.

Article 5
National Treatment

(1) [National Treatment] Subject to compliance with its obligation referred to in Article 3(1)(a), each Contracting Party shall, in respect of the intellectual property protection of layout-designs (topographies), accord, within its territory,

(2) [Agents, Addresses for Service, Court Proceedings] Notwithstanding paragraph (1), any Contracting Party is free not to apply national treatment as far as any obligations to appoint an agent or to designate an address for service are concerned or as far as the special rules applicable to foreigners in court proceedings are concerned.

(3) [Application of Paragraphs (1) and (2) to Intergovernmental Organizations] Where the Contracting Party is an Intergovernmental Organization, "nationals" in paragraph (1) means nationals of any of the States members of that Organization.

Article 6
The Scope of the Protection

(1) [Acts Requiring the Authorization of the Holder of the Right]

(2) [Acts Not Requiring the Authorization of the Holder of the Right]

(3) [Measures Concerning Use Without the Consent of the Holder of the Right]

(4) [Sale and Distribution of Infringing Integrated Circuits Acquired Innocently] Notwithstanding paragraph (1)(a)(ii), no Contracting Party shall be obliged to consider unlawful the performance of any of the acts referred to in that paragraph in respect of an integrated circuit incorporating an unlawfully reproduced layout-design (topography) where the person performing or ordering such acts did not know and had no reasonable ground to know, when acquiring the said integrated circuit, that it incorporates an unlawfully reproduced layout-design (topography).

(5) [Exhaustion of Rights] Notwithstanding paragraph (1)(a)(ii), any Contracting Party may consider lawful the performance, without the authorization of the holder of the right, of any of the acts referred to in that paragraph where the act is performed in respect of a protected layout-design (topography), or in respect of an integrated circuit in which such a layout-design (topography) is incorporated, that has been put on the market by, or with the consent of, the holder of the right.

Article 7
Exploitation; Registration, Disclosure

(1) [Faculty to Require Exploitation] Any Contracting Party shall be free not to protect a layout-design (topography) until it has been ordinarily commercially exploited, separately or as incorporated in an integrated circuit, somewhere in the world.

(2) [Faculty to Require Registration; Disclosure]

Article 8
The Duration of the Protection

Protection shall last at least eight years.

Article 9
Assembly

(1) [Composition]

(2) [Functions]

(3) [Voting]

(4) [Ordinary Sessions] The Assembly shall meet in ordinary session once every two years upon convocation by the Director General.

(5) [Rules of Procedure] The Assembly shall establish its own rules of procedure, including the convocation of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions.

Article 10
International Bureau

(1) [International Bureau]

(2) [Director General] The Director General shall be the chief executive of the Union and shall represent the Union.

Article 11
Amendment of Certain Provisions of the Treaty

(1) [Amending of Certain Provisions by the Assembly] The Assembly may amend the definitions contained in Article 2(i) and (ii), as well as Articles 3(1)(c), 9(1)(c) and (d), 9(4), 10(1)(a) and 14.

(2) [Initiation and Notice of Proposals for Amendment]

(3) [Required Majority] Adoption by the Assembly of any amendment under paragraph (1) shall require four-fifths of the votes cast.

(4) [Entry Into Force]

Article 12
Safeguard of Paris and Berne Conventions

This Treaty shall not affect the obligations that any Contracting Party may have under the Paris Convention for the Protection of Industrial Property or the Berne Convention for the Protection of Literary and Artistic Works.

Article 13
Reservations

No reservations to this Treaty shall be made.

Article 14
Settlement of Disputes

(1) [Consultations]

(2) [Other Means of Settlement] If a mutually satisfactory solution is not reached within a reasonable period of time through the consultations referred to in paragraph (1), the parties to the dispute may agree to resort to other means designed to lead to an amicable settlement of their dispute, such as good offices, conciliation, mediation and arbitration.

(3) [Panel]

(4) [Recommendation by the Assembly] The Assembly shall give the report of the panel prompt consideration. The Assembly shall, by consensus, make recommendations to the parties to the dispute, based upon its interpretation of this Treaty and the report of the panel.

Article 15
Becoming Party to the Treaty

(1) [Eligibility]

(2) [Adherence] A State or Intergovernmental Organization shall become party to this Treaty by:

(3) [Deposit of Instruments] The instruments referred to in paragraph (2) shall be deposited with the Director General.

Article 16
Entry Into Force of the Treaty

(1) [Initial Entry Into Force] This Treaty shall enter into force, with respect to each of the first five States or Intergovernmental Organizations which have deposited their instruments of ratification, acceptance, approval or accession, three months after the date on which the fifth instrument of ratification, acceptance, approval or accession has been deposited.

(2) [States and Intergovernmental Organizations Not Covered by the Initial Entry Into Force] This Treaty shall enter into force with respect to any State or Intergovernmental Organization not covered by paragraph (1) three months after the date on which that State or Intergovernmental Organization has deposited its instrument of ratification, acceptance, approval or accession unless a later date has been indicated in the instrument; in the latter case, this Treaty shall enter into force with respect to the said State or Intergovernmental Organization on the date thus indicated.

(3) [Protection of Layout-Designs (Topographies) Existing at Time of Entry Into Force] Any Contracting Party shall have the right not to apply this Treaty to any layout-design (topography) that exists at the time this Treaty enters into force in respect of that Contracting Party, provided that this provision does not affect any protection that such layout-design (topography) may, at that time, enjoy in the territory of that Contracting Party by virtue of international obligations other than those resulting from this Treaty or the legislation of the said Contracting Party.

Article 17
Denunciation of the Treaty

(1) [Notification] Any Contracting Party may denounce this Treaty by notification addressed to the Director General.

(2) [Effective Date] Denunciation shall take effect one year after the day on which the Director General has received the notification of denunciation.

Article 18
Texts of the Treaty

(1) [Original Texts] This Treaty is established in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic.

(2) [Official Texts] Official texts shall be established by the Director General, after consultation with the interested Governments, in such other languages as the Assembly may designate.

Article 19
Depositary

The Director General shall be the depositary of this Treaty.

Article 20
Signature

This Treaty shall be open for signature between May 26, 1989, and August 25, 1989, with the Government of the United States of America, and between August 26, 1989, and May 25, 1990, at the headquarters of WIPO.


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