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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
PART-II
: STANDARDS CONCERNING THE AVAILABILITY, SCOPE
SECTION-6
ARTICLE 38
:
Term of Protection
ARTICLE 38:
Term of Protection
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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