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Chapter Summary

Article 38 requires interpretation is "first commercial exploitation". While its concrete implementation is for the members, the wording suggests at least a strictly economic perception. Therefore, the licensing of a layout-design must already be considered to be a potential commercial exploitation. A limitation on the start of production by the developer would over-extend the term of protection. Article 38.1, the term of protection starts with "the date of filing an application for registration" or with "the first commercial exploitation". At first sight, this wording seems to offer a redundant alternative. Article 38.1 states that the term of protection lasts for at least 10 years. Beyond this, Article 38.3 authorizes the members to provide that "protection shall lapse 15 years after the creation of the layout-design".

Keywords: exploitation; layout-design; members; protection



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