COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 300final 
Brussels, 28 June 1993 
Proposal for a 
COUNCIL DECISION 
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 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
Council Directive 87/54/EEC on the legal protection of topographies of 
semiconductor products*1) 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 on the territory 
of a Member State. 
This protection can be extended to natural and legai persons from other 
countries by decision of the Council. At present, two such decisions are 
in force: 90/510/EEC^2) of 9 October 1990 (as amended by Council Decision 
93/17/EEC<3) of 21 December 1992), and 93/16/EEC^4) of 21 December 1992. 
The first of these two Decisions is permanent and unconditional in its 
effect and covers certain countries or territories which have granted like 
protection to the Member States. 
The second Decision (93/16/EEC) was adopted in relation to the United States 
and certain British overseas territories and possessions which had not yet 
granted full and/or indefinite protection to the Member States. 
Accordingly, it grants only interim protection, expiring on 31 December 1993 
for the United States and on 31 December 1994 for these British territories. 
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. 
Protection for natural persons is not subject to any reciprocity 
requi rement. 
Topographies of semiconductor products are protected in Aruba and the 
Netherlands Antilles through a non-specific legislation. 
Therefore, these territories deserve to be included in the list of 
territories which are given temporary protection, until they enact specific 
legislation protecting topographies of semiconductor products and they grant 
it on a permanent basis to EEC Member States. 
(1) OJ Nfi L 24, 27.1.1987, p 36 
(2) OJ Nfi L 285, 17.10.1990, p. 29 
(3) OJ Nfi L 11, 19.1.1993, p. 22. 
(4) OJ Nfi L 11, 19.1.1993, p. 20. 
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Current legal protection existing in the following territories 
The same Act as in the Netherlands Antilies applies. 
Netherlands AntiI les 
The Netherlands Antilles' Copyright Act (Auteursverordening) of 17 December 
1912 (as amended), contains in Article 10 a broad definition of protected 
works which may include topographies of semiconductor products: 
"(...) and In general all products in the field of literature, science or 
art, independently of the form or means of reproduction." 
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PROPOSAL for a 
COUNCIL DECISION 
of 
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 
(93/ /EEC) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing the European Economic 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 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 the 
United States of America and certain territories on an interim basis only, 
in accordance with 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 terri tor les*2); 
(1) OJ NQ L 24, 27.1.1987, p. 36 
(2) OJ NQ L 11, 19.1.1993, p. 20. 
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Whereas in Aruba and the Netherlands Antilles legal protection for 
topographies of semiconductor products is available inter alia by Article 10 
of the Netherlands Antilles' Copyright Act of 17 December 1912 (as amended); 
Whereas it is expected that these territories which do not yet have specific 
legislation will provide one and will make it accessible as soon as possible 
to persons from Member States of the Community benefiting from the right to 
protection under Directive 87/54/EEC; 
Whereas it is appropriate to extend such protection on an interim basis to 
these territories to allow further time for conditions for mutual unlimited 
protection to be established; 
HAS ADOPTED THIS DECISION: 
Article 1 
The Annex to Decision 93/16/EEC is replaced by the Annex to this Decision, 
Article 2 
This Decision shall apply from 1 1993. 
Article 3 
This Decision is addressed to the Member States. 
Done at 
For the CounciI 
The President 
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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 
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IMPACT ON SMALL AND MEDHJM 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 countries and territories listed in the annex. 
The proposal has no foreseeable impact on smail or medium sized enterprises 
within the EEC. 
FINANCIAL IMPACT 
The proposal has no financial impact on the Community budget. 
i 
BSN 0254-1475 
COM(93) 300 final 
DOCUMENTS 
EN 11 08 
Catalogue number : CB-CO-93-337-EN-C 
ISBN 92-77-57231-0 
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