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Article 27 Of Trips Agreement

There has been no procedure for resolving software patent disputes. Its relevance to patentability in areas such as computer-implemented business methods, computer science and software information technology remains uncertain, as the TRIPS agreement is interpreted as all legal texts [4]. Subject to paragraph 1 of Article 37, members consider that the following acts are considered illegal if they are carried out without the permission of the right holder: 9) the importation, sale or distribution of a protected layout design, an integrated circuit in which a protected layout design is incorporated or an article containing such an integrated circuit , only to the extent that it continues to contain an illegitimately reproduced layout design. 1. Notwithstanding Article 36, no member considers it illegal to perform any of the acts covered in this article concerning an integrated circuit containing an illegally reproduced layout design or an object containing such an integrated circuit when the person performing or ordering such acts, when acquiring the integrated circuit or an item containing such an integrated circuit , had no reasonable reason to know that it installed a layout design reproduced illegitimately. Members anticipate that after that person has been sufficiently informed that the design of the layout has been reproduced illegally, that person may perform one of the acts relating to the stock used or ordered before that date, but must pay the right holder an amount corresponding to an appropriate licence, as it should be paid under a freely negotiated license for such a layout design. This argument has been used by some opponents[5] of software patents to assert that software patents are not authorized by the TRIPS agreement. [6] TRIPS manuals do not see any conflict, z.B. notes Correa-Yusuf[7] that software patents complement copyright because copyright does not protect the underlying ideas. Notwithstanding paragraphs 1 and 2, a member may expect the protection to expire 15 years after the layout is designed. (f) this use is mainly permitted for the supply of the Member State which authorizes its use in the internal market; Patent Software Debate On Free Software Patent List 2.

Each member is free to provide that the burden of proof in paragraph 1 rests with the alleged offender only if the condition referred to in paragraph (a) is met, or only if the condition referred to in paragraph (b) is met.