ated
an unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that the
layout-design was unlawfully reproduced, he may perform any of the acts
with respect to the stock on hand or ordered before such time, but shall
be liable to pay to the right holder a sum equivalent to a reasonable
royalty such as would be payable under a freely negotiated license in
respect of such a layout-design.

2. The conditions set out in sub-paragraphs (a)-(k) of Article 31 above
shall apply *mutatis mutandis* in the event of any non-voluntary
licensing of a layout-design or of its use by or for the government
without the authorization of the right holder.

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 ten 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 ten years
from the date of the first commercial exploitation wherever in the world
it occurs.

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

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Appendix IV Endnotes

1 For an explanation of the relationship of this section of TRIPs to
title 17 of the *United States Code*, see the second paragraph of
endnote 8, chapter 9, *supra.*

2 The term "right holder" in this section shall be understood as having
the same meaning as the term "holder of the right" in the Treaty on
Intellectual Property in Respect of Integrated Circuits, done at
Washington, D.C., on May 26, 1989.

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Appendix V. Additional Provisions of the Digital Millennium
Copyright Act [1]

Section 1. Short Title.

This Act may be cited as the "Digital Millennium Copyright Act".

Title I-WIPO Treaties Implementation

SEC. 101. SHORT TITLE.

This title may be cited as the "WIPO Copyright and Performances and
Phonograms Treaties Implementation Act of 1998".

* * * * * * *

SEC. 104. EVALUATION OF IMPACT OF COPYRIGHT LAW AND AMENDMENTS ON
ELECTRONIC COMMERCE AND TECHNOLOGICAL DEV