COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 04.09.1996 
COM(96)41I final 
Proposal for a 
COUNCIL DECISION 
on the extension of the legal protection 
of topographies of semiconductor products 
to persons from the Isle of Man 
(presented by the Commission) 

Explanatory mémorandum 
Community and international legal context 
Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of 
semiconductor products lays down the basic principles which the Member States must 
observe for the protection of intellectual property in these topographies. 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 incorporated into the national law 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 EFTA countries which are contracting parties to that 
Agreement, as a binding act forming part of those countries' domestic legislation. 
A number 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. 
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 that 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. 
1 OJ No L 24, 27.1.1987, p. 36. 
Article 65(2) of and point 1 of Annex XVII to the Agreement on the European Economic Area. 
ï 
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 in Respect of Integrated Circuits to which it refers. 
The Agreement, together with that establishing the World Trade Organization (to which it is 
annexed), entered into force on 1 January 1995. Council Decision 94/824/EC of 
22 December 1994 provides for the legal protection of topographies of semiconductor 
products to be extended to nationals of Members of the World Trade Organization. The Isle 
of Man is not at present a Member of the World Trade Organization. 
Relations between the Community and the Isle of Man 
Since 7 November 1987 the Community has, on the basis of a series of interim decisions, 
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, including the Isle 
of Man. In accordance with Council Decision 94/828/EC, that protection was extended until 
31 December 1995. 
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. 
The above-mentioned Decisions, which are of limited duration, were based on the assumption 
that the territories which had not yet adopted specific legislation would do so and would make 
such legislation 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. 
OJ No L 349, 31.12.1994, p. 201. 
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); Council Decision 93/520/EEC 
of 27 September 1993 amending Decision 93/16/EEC 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 246, 2.10.1993, p. 31); Council Decision 94/828/EC of 19 December 1994 on the 
extension of the legal protection of topographies of semiconductor products to persons from certain* 
territories (OJ No L 351, 31.12.1994, p. 12). 
The Isle of Man has responded by adopting the Design Right (Semiconductor Topographies) 
Order 1993, under which topographies of semiconductor products are protected in the territory 
of the Isle of Man. The Order entered into force on 1 January 1994 and applies the principles 
laid down in Directive 87/54/EEC. Natural persons, companies and other legal persons from 
the Community are now expressly entitled to protection in the territory of the Isle of Man. 
The Isle of Man intends in due course to accede to the World Trade Organization and to 
implement the Agreement on trade-related aspects of intellectual property rights. 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. 
The time it will take for the Isle of Man to accede to the World Trade Organization and to the 
Agreement on trade-related aspects of intellectual property rights is as yet unknown, and the 
Government of the Isle of Man has requested the Community to maintain the protection it has 
granted until such accession, to avoid any gap in protection. 
Proposal 
Given that the current legislation is to remain in force in the Isle of Man, thereby affording 
persons from the Community protection for topographies, it is proposed that the Council 
extend protection under Directive 87/54/EEC to natural and legal persons from the Isle of 
Man, retroactively from 1 January 1996, until the Isle of Man accedes to the World Trade 
Organization and implements the Agreement on trade-related aspects of intellectual property 
rights. 
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 Isle of Man the protective machinery already applied to them through the 
adoption of a number of Council Decisions already taken over as binding acts in point 3 of 
Annex XVII to that Agreement. Accordingly, the Decision should cover the EFTA countries 
which are party to the Agreement. 
Moreover, in accordance with Article 4(2) of Protocol 28 to the Agreement, the Community 
will endeavour to ensure that the Isle of Man will grant the right to protection to the other 
Contracting Parties to the Agreement under equivalent conditions to those granted to it. 
Proposal for a Council Decision 
on the extension of the legal protection 
of topographies of semiconductor products 
to persons from the Isle of Man 
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/ 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 to persons 
from the Isle of Man by successive Council Decisions taken on an interim basis, the latest of 
which is Decision 94/828/EC of 19 December 1994;6 
Whereas that Decision applied until 31 December 1995; 
OJNoL24,27.1.J987,p.36. 
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 NoL 11, 19.1.1993, p. 20), as amended by Council 
Decision 93/520/EEC of 27 September 1993 (OJ NoL246, 2.10.1993, p. 31); Council Decision 
94/828/EC of 19 December 1994 on the extension of the legal protection of topographies of 
semiconductor products to persons from certain territories (OJ No L 351, 31.12.1994, p. 12). 
Whereas the Isle of Man has appropriate legislation on the protection of topographies of 
semiconductor products, which entered into force on 1 January 1994; whereas that 
legislation applies Directive 87/54/EEC and gives effect to the Council's previous Decisions 
on the topic; whereas the Isle of Man extends application of the legislation to nationals of 
Member States of the European Community; 
Whereas the Agreement on trade-related aspects of intellectual property rights, concluded on 
15 April 1994, requires Members of the World Trade Organization 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), entered into force on 1 January 1995; 
Whereas it is foreseeable that the Isle of Man will accede to the World Trade Organization 
and implement the Agreement on trade-related aspects of intellectual property rights; 
Whereas the provisions guaranteeing protection of topographies in the Isle of Man for persons 
from the Community are still in force there; 
Whereas protection should continue to be extended under Directive 87/54/EEC to the Isle of 
Man, with effect from 1 January 1996, until the Isle of Man accedes to the World Trade 
Organization and implements the Agreement on trade-related aspects of intellectual property 
rights, 
Design Right (Semiconductor Topographies) Order of 14 December 1993 and Design Right 
(Semiconductor Topographies) Regulations of 18 January 1994. 
e 
HAS ADOPTED THIS DECISION: 
Article 1 
Member States shall extend the right to legal protection under Directive 87/54/EEC as 
follows: 
(a) natural persons who are nationals of the Isle of Man or who have their habitual 
residence in the territory of the Isle of Man shall be treated in the same way as 
nationals of a Member State; 
(b) companies or other legal persons from the Isle of Man which have a real and effective 
industrial or commercial establishment there shall be treated as if they had a real and 
effective industrial or commercial establishment in the territory of a Member State. 
Article 2 
This Decision shall apply from 1 January 1996. 
The Member States shall extend the right to protection under this Decision to the persons 
referred to in Article 1 until the Isle of Man accedes to the World Trade Organization and 
implements the Agreement on trade-related aspects of intellectual property rights. 
Any exclusive rights acquired under Decisions 87/532/EEC, 90/511/EEC, as amended by 
Decision 93/520/EEC, 94/828/EC 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 
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ISSN 0254-1475 
COM(96) 411 final 
DOCUMENTS 
EN 08 11 
Catalogue number : CB-CO-96-409-EN-C 
ISBN 92-78-07799-2 
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