COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 574 final 
Brussels, 07.12.1994 
Proposal for a 
COUNCIL DECISION 
on the extension of the legal protection of topographies 
of semiconductor products to persons from certain territories 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
Community and international legal context 
Council Directive 87/54/EEC on the legal protection of topographies of semiconductor 
products1 lays down the basic principles for the protection of intellectual property in the 
topographies of integrated circuit designs which must be respected in all Member States 
of the Community. It provides that protection is to be available to natural persons who 
are nationals of or have their habitual residence in a Member State and to companies or 
other legal persons which have a real and effective industrial or commercial establishment 
on the territory of a Member State. The Directive has been implemented in the legislation 
of all the Member States. 
Under the terms of the Agreement on the European Economic Area, the Directive has 
also applied since 1 January 1994 in the EFT A countries where that Agreement is in force, 
as a binding act forming part of those countries' domestic legal regimes." 2 
A series of Council decisions, also taken over in the Agreement on the European 
Economic Area as binding acts, have extended the legal protection of topographies of 
semiconductor products introduced by Directive 87/54/EEC to persons from certain 
countries and territories outside the Community. In some cases permanent and in others 
interim protection has been accorded on a reciprocal basis to natural and legal persons.3 
Directive of 16 December 1986 (OJ No L 24, 27.1.1987, p. 36). 
Article 65(2) and point 1 of Annex XVII to the Agreement on the European Economic Area. 
Currently in force: 
- Council Decision 90/510/EEC of 9 October 1990 (OJ No L 285, 17.10.1990, p. 29), as 
amended by Decision 93/17/EEC of 21 December 1992 (OJ No L 11, 19.1.1993, p. 22), 
which introduces a system of permanent and unconditional protection in respect of certain 
countries and territories that have granted like protection to the Community Member States; 
- Council Decision 93/16/EEC of 21 December 1992 (OJ No L 11, 19.1.1993, p. 20), as 
amended by Decision 93/520/EEC of 27 September 1993 (OJ No L 246, 2.10.1993, p. 31), 
which grants interim protection to persons from the United States of America (until 
31.12.1993) and from certain territories (until 31.12.1994), and Council 
Decision 94/373/EEC of 27 June 1994 (OJ No L 170, 5.7.1994, p. 34), which extends until 
1 July 1995 the protection in respect of the United States of America (this latest Decision 
has not yet been taken over in the Agreement on the European Economic Area); 
- Council Decision 94/700/EC of 24 October (OJ n° L 284, 1.11.1994, p.61), on the extension 
of the legal protection of topographies oisemiconductor products to persons from Canada. 
-2 
As provided for in Article 4(1) and (2) of Protocol 28 to the Agreement on the European 
Economic Area, the contracting parties to the Agreement have the right to take decisions 
on the extension of the legal protection of topographies of semiconductor products to 
persons from any third country or territory which is not a contracting party to the 
Agreement where such persons do not benefit from the right to protection under the 
Agreement. They may also conclude agreements to this effect. 
The contracting party concerned is to endeavour, where the right to protection for 
topographies of semiconductor products is extended to a non-contracting party, to ensure 
that the non-contracting party concerned will grant the right to protection to the other 
contracting parties to the Agreement under equivalent conditions to those granted to the 
contracting party concerned. 
In addition, the Agreement on trade-related aspects of intellectual property rights, which 
forms part of the results of the Uruguay Round of multilateral trade negotiations 
embodied in the Marrakesh Final Act of 15 April 1994, requires Member States to grant 
protection to topographies of integrated circuits in accordance with the provisions of that 
Agreement and those of the Treaty on intellectual property as regards integrated circuits 
to which it refers. 
The Agreement, together with that establishing the World Trade Organization (to which it 
is annexed), will enter into force on 1 January 1995 or as soon as possible after that date.4 
The developed countries which are Members of the Agreement establishing the World 
Trade Organization will have one year following the entry into force of that Agreement in 
which to implement the Agreement on trade-related aspects of intellectual property rights; 
the developing-country Members will be entitled to defer for a further period of four years 
the date of application of the provisions of the Agreement other than Articles 3, 4 and 5.5 
Relations between the Community and the territories concerned 
Since 7 November 1987 the Community has, on the basis of a series of interim decisions,6 
granted legal protection consistent with the principles contained in Directive 87/54/EEC 
to persons from territories which have a special link with the United Kingdom. In 
accordance with the Council Decision currently in force (93/16/EEC), that protection lasts 
until 31 December 1994. 
Article XIV of the Agreement establishing the World Trade Organization and point 3 of the 
Final Act embodying the results of the Uruguay Round of multilateral trade negotiations. 
Article 65 of the Agreement on trade-related aspects of intellectual property rights. 
Council Decision 87/532/EEC of 26 October 1987 on the extension of legal protection of 
topographies of semiconductor products in respect of persons from certain countries and 
territories (OJ No L 313, 4.11.1987, p. 22); Second Council Decision 90/511/EEC of 
9 October 1990 on the extension of the legal protection of topographies of semiconductor 
products to persons from certain countries and territories (OJ No L 285, 17.10.1990, p. 31); 
Council Decision 93/16/EEC of 21 December 1992 on the extension of the legal protection of 
topographies of semiconductor products to persons from the United States of America and 
certain territories (OJ No L 11, 19.1.1993, p. 20). Annexed to these Decisions are lists of the 
territories concerned. 
-3 
Council Decision 93/520/EEC of 27 September 19937 completed the list of territories 
protected in accordance with Decision 93/16/EEC by adding to it Aruba and Netherlands 
Antilles, which are consequently also covered by the system applicable until 
31 December 1994 to territories which have a special link with the United Kingdom. 
The protection provided by all of these Decisions is granted to natural persons who are 
nationals of one of the territories concerned or who have their habitual residence there. 
On the other hand, companies or other legal persons in these territories which have a real 
and effective industrial or commercial establishment there are eligible for protection only if 
the Commission establishes that companies or other legal persons of a Member State 
which have the right to protection under Directive 87/54/EEC benefit from protection 
there. 
At present, in all of the territories which have a special link with the United Kingdom and 
are mentioned in Decision 93/16/EEC, topographies of semiconductor products are 
protected generally under copyright law8. Persons from the Community therefore qualify 
for protection in all of these territories. 
In Netherlands Antilles protection for topographies of semiconductor products is provided 
by the Copyright Law of 17 December 1912, as amended. In Aruba the same law is also 
applicable until such time as it is repealed or amended by the legislature. It provides 
protection for persons from the Community. 
The above-mentioned Decisions, which are of limited duration, were based on the 
consideration that the territories which did not yet have specific legislation would make 
such provision and would make it applicable as soon as possible to persons from the 
Member States of the Community benefiting from the right to protection under 
Directive 87/54/EEC. 
OJNoL246, 2.10.1993, p. 31. 
It must be noted that the Isle of Man has adopted specific rules to implement the principles 
contained in Directive 87/54/EEC and the Council's Decisions taken on the basis of that 
Directive (The Design Right (Semiconductor Topographies) Order of 14 December 1993 and 
the Design Right (Semiconductor Topographies) Regulations of 18 January 1994). In Hong 
Kong a regulation dealing specifically with semiconductor products has just been adopted 
(Layout-Design (Topography) of Integrated Circuits Ordinance of 31 March 1994). According to 
the information received by the Commission, this regime of protection must be extended to 
persons from the Community from the beginning of 1995. 

4-
As things stand, it is forseeable that the Agreement on trade-related aspects of intellectual 
property rights, including Section 6, which deals with topographies of integrated circuits, 
will be applied in the territories concerned within the prescribed deadlines mentioned 
above. 
It should be stressed that, once the Agreement on trade-related aspects of intellectual 
property rights enters into force, it will no longer be possible to apply the current system 
of protection in the Community, which is based on a reciprocity requirement, to other 
Members of the Agreement. 
Proposal 
Given that the current legislation in the territories concerned is to remain in force, thereby 
affording persons from the Community protection for topographies, it is proposed to the 
Council that, from 1 January 1995, these territories should continue to benefit from 
protection under Directive 87/54/EEC, under the conditions currently applicable, until 
31 December 1995. 
The Community reserves the right to reexamine the situation at that time, having regard to 
any developments in the legislation protecting topographies of semiconductor products in 
those territories. 
Measures to be taken in connection with the 
'Agreement on the European Economic Area 
The Decision which the Council is recommended to adopt relates, as stated above, to a 
matter covered by the Agreement on the European Economic Area and is aimed at 
extending to persons from the territories mentioned in its Annex the protective machinery 
already applied to them through the adoption of a number of Council Decisions9 already 
taken over as binding acts in point 3 of Annex XVII to that Agreement. Accordingly, the 
Decision should cover the EFTA countries in which the Agreement is in force. 
Moreover, in accordance with Article 4(2) of Protocol 28 to the Agreement, the 
Community will endeavour to ensure that the territories concerned will grant the right to 
protection to the other Contracting Parties to the Agreement under equivalent conditions 
to those granted to it. 
See footnotes 6 and 7. 
Proposal for a Council Decision 
of 
on the extension of the legal protection of topographies 
of semiconductor products to persons from certain territories 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
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 this right can be extended by Council Decision to persons who do not benefit 
from protection under the said provisions; 
Whereas the extension of the protection in question should, as far as possible, be decided 
by the Community as a whole; 
Whereas the Community has, since 7 November 1987, extended such protection on the 
basis of a series of interim Council Decisions to persons from certain territories the 
number of which was increased on 1 November 19932; 
Whereas these Decisions were based on the consideration that the territories which did 
not yet have specific legislation would make such provision and would make it applicable 
as soon as possible to persons from the Member States of the Community benefiting from 
the right to protection under Directive 87/54/EEC; 
Whereas the last of these Decisions3 applies until 31 December 1994; 
OJNoL24,27.1.1987, p. 36. 
Council Decision 87/532/EEC of 26 October 1987 on the extension of the legal protection of topographies 
of semiconductor products in respect of persons from certain countries and territories (OJ No L 313, 
4.11.1987, p. 22); Second Council Decision 90/511/EEC of 9 October 1990 on the extension of the legal 
protection of topographies of semiconductor products to persons from certain countries and territories (OJ 
No L 285, 17.10.1990, p. 31); Council Decision 93/16/EEC of 21 December 1992 on the extension of the 
legal protection of topographies of semiconductor products to persons from the United States of America 
and certain territories (OJ No L 11,19.1.1993, p. 20), amended by Council Decision 93/520/EEC 
of 27 September 1993 (OJ No L 246, 2.10.1993, p. 31). 
Council Decision 93/16/EEC of 21 December 1992, as amended by Council 
Decision 93/520/EEC of 27 September 1993. 
6 
Whereas the Agreement on trade-related aspects of intellectual property rights, which 
forms part of the results of the Uruguay Round of multilateral trade negotiations 
embodied in the Marrakesh Final Act of 15 April 1994, requires Members to grant 
protection to integrated-circuit topographies in compliance with its own provisions and 
with those of the Treaty on Intellectual Property in Respect of Integrated Circuits to 
which it refers; 
Whereas the Agreement, together with that establishing the World Trade Organization (to 
which it is annexed), will enter into force on 1 January 1995 or as soon as possible after 
that date; whereas the developed countries which are Members of the Agreement 
establishing the World Trade Organization will have one year following the entry into 
force of that Agreement in which to implement the Agreement on trade-related aspects of 
intellectual property rights; whereas developing-country Members will be entitled to defer 
for a further period of four years the date of application of the provisions of that 
Agreement other than Articles 3, 4 and 5; 
Whereas it is forseeable that the Agreement on trade-related aspects of intellectual 
property rights will be applied in the territories concerned within the prescribed deadlines; 
Whereas the provisions guaranteeing protection in the territories concerned for persons 
from the Community as regards topographies are still in force in those territories; 
Whereas, with effect from 1 January 1995 and until 31 December 1995, protection should 
be extended under Directive 87/54/EEC to the territories concerned, 
HAS ADOPTED THIS DECISION. 
Article 1 
Member States shall extend the right to protection under Directive 87/54/EEC to natural 
persons who are nationals of a territory listed in the Annex or who have their habitual 
residence in one of those territories. 
This extension shall also apply to companies or other legal persons of a territory listed in 
the Annex which have a real and effective industrial or commercial establishment in that 
territory, 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 
territory in question. 
The territories listed in the Annex which satisfy the conditions laid down in the second 
subparagraph shall be determined by the Commission and communicated to the Member 
States. 
Article 2 
This Decision shall apply from 1 January 1995. 
The Member States shall extend the right to protection under this Decision to the persons 
referred to in Article 1 until 31 December 1995. 
Any exclusive rights acquired under Decisions 87/532/EEC, 90/511/EEC, 93/16/EEC, as 
amended by Decision 93/520/EEC, or under this Decision shall continue to produce their 
effects for the period laid down under Directive 85/54/EEC. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels, 
For the Council 
The President 
ANNEX 
Anguilla 
Aruba 
Bermuda 
British Indian Ocean Territory 
British Virgin Islands 
Cayman Islands 
Channel Islands 
Falkland Islands 
Hong Kong 
Isle of Man 
Montserrat 
Netherlands Antilles 
Pitcairn 
St Helena 
St Helena Dependencies (Ascension, Tristan da Cunha) 
South Georgia and the South Sandwich Islands 
Turks and Caicos Islands 
3 
ISSN 0254-1475 
COM (94) 574 final 
DOCUMENTS 
EN 06 08 
Catalogue number : CB-CO-94-598-EN-C 
ISBN 92-77-83289-4 
Office for Official Publications of the European Communities 
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