S^t'-U COMMISSION OF THE EUROPEAN CQMVIUNITIES 
COM(93) 660 final 
Brussels, 10 December 1993 
Proposal for a 
CQUNCH DECISION 
on the extension of the legal protection of topographies of 
semiconductor products to persons from the United States of 
Amer ica 
':sm (presented by the Commission) 
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EXPLANATORY MEMORANDUM 
Council Directive 87/54/EEC on the legal protection of topographies of semiconductor 
products1 lays down the standards for protection of intellectual property in the 
topographies of integrated circuit designs which must be respected in all Member States 
of the Community. The Directive provides that protection should be available to natural 
persons who are nationals of, or have their habitual residence or domicile in a Member 
State, as well as companies or other legal persons which have a real and effective 
industrial or commercial establishment in the territory of a Member State. 
The directive has been implemented in the legislations of all Member States. 
This protection can be extended to natural and legal persons from other countries by 
decision of the Council either on a permanent basis or for a fixed period of time2. 
The Decision (93/16/EEC), which it is proposed to extend, was adopted in relation to the 
United States and certain British overseas territories and possessions which, at the time, 
had not granted full and/or indefinite protection to the Member States. Accordingly, it is 
subject to a time limit and expires on 31 December 1993 with respect to the United 
States of America. 
It also incorporates an element of reciprocity, in that protection, for companies and other 
legal persons of the countries and territories concerned, is subject to the Commission 
making a positive determination that Community companies and other legal persons enjoy 
equivalent protection in those countries and territories. 
Such positive determination has so far been made by the Commission, pursuant to 
Decision 93/217/EEC of 19 March 19933 in respect of the United States of America. 
Protection for natural persons is not subject to any reciprocity requirement. 
OJ n° L 24, 27/1/1987, p36 
At present, two such decisions are in force: 90/510/EEC (OJ n° L 285, 17.10.1990, p29) of 9 October 
1990 (modified by Council Decision 93/17/EEC (OJ n° L 11, 19.1.1993, p22) of 21 December 1992), 
and 93/16/EEC (OJ n° L 11, 19.1.1993, p20) of 21 December 1992 (completed by Council Decision 
93/520/EEC of 27 September 1993 (OJ n° L 246, 2.10.1993, p31)). 
The first of these two Decisions is permanent and unconditional in its effect and covers certain 
countries which have granted like protection to the Member States. 
OJ n° L 94, 29.4.93, p30. 
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The reciprocity features of Decision (93/16/EEC) described above were incorporated in 
previous extension decisions because at the time these were made, the protection on a 
worldwide scale of integrated circuit topographies was still at an early stage of 
development. 
There were few third countries with appropriate legislation, at that time. 
The situation has evolved in a positive way and presently Community topographies are 
protectable in several third countries. 
It is also probable, if the GATT talks are successful, that a multilateral system for the 
protection of topographies will come into force. 
Concerning the United States of America, the contacts made by the Commission with the 
v US Government have not yet enabled the Community to obtain permanent protection in 
the US. 
Taking into account the protection existing currently in the United States both for physical 
and moral persons from the Member States until 1 July 1994, and the expectation of 
achieving a status of reciprocal permanent protection in the near future or a similar result 
from the eventual establishment of a multilateral system under GATT, a decision to extend 
the protection under the Directive to the United States until 1 July 1994 can be justified. 
A new interim decision should be made with provisions similar to those of the expiring 
decision. 
It is urgent to extend the protection already granted to the United States of America 
before it expires, but it is appropriate to do so only for the period of time necessary for the 
procedure for granting mutual unlimited protection to be completed. 
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Current legal protection exlsting in the United States of 
Amer i ca 
In the United States of America, based on interim orders issued 
under Section 914 of the Semiconductor Chip Protection Act of 
1984 (SCPA), legal protection is available until 1 July 1994 to 
owners of mask works, who are nationals, domiciIiaries or 
sovereign authorities of Community Member States. 
The faculty of the US Secretary of Commerce to issue orders 
extending interim protection pursuant to Section 914 SCPA 
expires on 1 July 1995 (Law np_ 102-64). 
Protection can be extended to the Member States on a permanent 
basis on condition of reciprocity by a presidential proclamation 
(Section 902 SCPA) after a procedure to evaluate the protection 
granted by Member States. 
Discussion with the US administration has not, to date, enabled 
the Community to obtain such a proclamation. 
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PROPOSAL for a 
COUNCIL DECISION 
on the extension of the legal protection of topographies of 
semiconductor products to persons from the United States of 
Amer i ca 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Commun i ty , 
Having regard to Council Directive 87/54/EEC of 16 December 1986 
on the legal protection of topographies of semiconductor 
products^1), and in particular Article 3 (7) thereof, 
Having regard to the proposal from the Commission, 
Whereas the right to legal protection of topographies of 
semiconductor products in the Community applies to persons 
qualifying for protection under Article 3 (1) to (5) of 
Directive 87/54/EEC; 
Whereas the right to protection can be extended, by a Council 
Decision, to persons who do not benefit from protection under 
the said provisions; 
Whereas the extension of protection should, as far as possible, 
be decided for the Community as a whole; 
Whereas such protection has previously been extended in respect 
of certain countries and territories on an interim basis only, 
in accordance with Council Decision 93/16/EEC^2^ which expires 
on 31 December 1993 with respect to the United States of 
Amer i ca ; 
Whereas protection has been extended to companies and other 
legal persons in respect of the United States of America, as 
Commission Decision 93/217/EEC^3) determined that the United 
States fulfils until 31 December 1993 the condition of 
reciprocity laid down in Article 1 (2) of Council Decision 
93/16/EEC; 
(1) OJ No L 24, 27.1.1987, p. 36 
(2) OJ No L 11, 19.1.1993, p. 20. 
(3) OJ No L 94, 20.4.1993, p. 30. 
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Whereas the United States have an appropriate legislation and 
are expected to continue to protect topographies of 
semiconductor products under their national law and make this 
protection available to those persons from the Member States of 
the Community who benefit from the right to protection under 
Direct Ive 87/54/EEC; 
Whereas presently all Member States of the European Communities 
have national legal measures implementing Directive 87/54/EEC; 
Whereas it is appropriate to continue to extend protection to the United States of America 
until 1 July 1994 to allow time for the procedure for granting mutual unlimited protection 
to be completed; 
HAS ADOPTED THIS DECISION: 
Art i cle 1 
Member states shall extend the right to protect ion under 
Directive 87/54/EEC as follows: 
(a) natural persons who are nationals of the United 
States of America or who have their habitual 
residence in the territory of the United States of 
America shall be treated as if they were nationals of 
a Member State; 
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(b) companies or other legal persons of the United States 
of America which have a real and effective industrial 
or commercial establishment in the United States of 
America shall be treated as If they have a real and 
effective industrial or commercial establishment on 
the territory of a Member State. 
2. The application of subparagraph 1 (b), shall be subject to 
the condition that companies or other legal persons of a 
Member State which have a right to protection under 
Directive 87/54/EEC benefit from protection in the United 
States . 
3. The fulfilment by the United States of the conditions laid 
down in paragraph 2, shall be determined by the Commission 
and communicated to the Member States. 
Art ic le 2 
This Decision shall apply from 1 January 1994. 
Member States shall extend the right to protection under this 
Decision to the persons referred to in Article 1 until 1 July 
1994. 
Any exclusive rights acquired under Decision 90/511/EEC, 
Decision 93/16/EEC or this Decision shall continue to produce 
their effect for the period laid down under Directive 87/54/EEC 
Article 3 
This Decision is addressed to the Member States. 
Done at BrusseI s, 
For the CouncI I 
The President 
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MPACT ON SMALL AND MEDIUM SIZED ENTERPRISES 
The proposal would extend protection In respect of topographies 
of semiconductor products to persons who are nationals, 
residents or legal entities of the United States of America. 
The proposal has no foreseeable impact on small or medium sized 
enterprises within the EEC. 
ISSN 0254-1475 
COM(93) 660 final 
DOCUMENTS 
EN n 08 
Catalogue number : CB-CO-93-714-EN-C 
ISBN 92-77-62788-3 
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