Treaty on Intellectual Property in Respect of Integrated Circuits 1

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:

(i) “integrated circuit” means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function,

(ii) “layout-design (topography)” means the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture,

(iii) “holder of the right” means the natural person who, or the legal entity which, according to the applicable law, is to be regarded as the beneficiary of the protection referred to in Article 6,

(iv) “protected layout-design (topography)” means a layout-design (topography) in respect of which the conditions of protection referred to in this Treaty are fulfilled,

(v) “Contracting Party” means a State, or an Intergovernmental Organization meeting the requirements of item (x), party to this Treaty,

(vi) “territory of a Contracting Party” means, where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an Intergovernmental Organization, the territory in which the constituting treaty of that Intergovernmental Organization applies,

(vii) “Union” means the Union referred to in Article 1,

(viii) “Assembly” means the Assembly referred to in Article 9,

(ix) “Director General” means the Director General of the World Intellectual Property Organization,

(x) “Intergovernmental Organization” means an organization constituted by, and composed of, States of any region of the world, which has competence in respect of matters governed by this Treaty, has its own legislation providing for intellectual property protection in respect of layout-designs (topographies) and binding on all its member States, and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to this Treaty.

 

Article 3
The Subject Matter of the Treaty

 

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

(a) Each Contracting Party shall have the obligation to secure, throughout its territory, intellectual property protection in respect of layout-designs (topographies) in accordance with this Treaty. It shall, in particular, secure adequate measures to ensure the prevention of acts considered unlawful under Article 6 and appropriate legal remedies where such acts have been committed.

(b) The right of the holder of the right in respect of an integrated circuit applies whether or not the integrated circuit is incorporated in an article.

(c) Notwithstanding Article 2(i), any Contracting Party whose law limits the protection of layout-designs (topographies) to layout-designs (topographies) of semiconductor integrated circuits shall be free to apply that limitation as long as its law contains such limitation.

(2) [Requirement of Originality]

(a) The obligation referred to in paragraph (1)(a) shall apply to layout-designs (topographies) that are original in the sense that they are the result of their creators’ own intellectual effort and are not commonplace among creators of layout-designs (topographies) and manufacturers of integrated circuits at the time of their creation.

(b) A layout-design (topography) that consists of a combination of elements and interconnections that are commonplace shall be protected only if the combination, taken as a whole, fulfills the conditions referred to in subparagraph (a).