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.
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