Article 38: Term of Protection (TRIPS Agreement) | IntelLaw | August 19, 2014

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Article 38: Term of Protection (TRIPS Agreement)

1. In Members requiring registration as a condition of protection, the term of protection of layout- designs 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 first commercial exploitation wherever in the world it occurs.

2. In Members not requiring registration as a condition for protection, layout-designs shall be protected for a term of no less than 10 years from the date of the first commercial exploitation wherever in the world it occurs.

3. Notwithstanding paragraphs 1 and 2, a Member may provide that protection shall lapse 15 years after the creation of the layout-design.

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August 19, 2014

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