Agreement on the European Economic Area - Annex XVII - Intellectual property - List provided for in Article 65 (2)
Date: 1992-05-02
Institutions: Austria, Belgium, Denmark, European Coal and Steel Community, European Economic Community, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom
Subjects: European Economic Area, data-processing law, electronic component, multilateral agreement, software, trade-mark law













EUR-Lex - 21994A0103(67) - EN






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21994A0103(67)

Agreement on the European Economic Area - Annex XVII - Intellectual property - List provided for in Article 65 (2)  


Official Journal L 001 , 03/01/1994 P. 0482 - 0483 





ANNEX XVIIINTELLECTUAL PROPERTY List provided for in  Article 65(2)INTRODUCTIONWhen the acts referred to in this Annex contain notions or  refer to procedures which are specific to the Community legal order, such as: -  preambles; - the addressees of the Community acts; - references to territories or languages of the EC; - references to rights and obligations of EC Member States, their public entities, undertakings or  individuals in relation to each other; and- references to information and notification  procedures; Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex. ACTS REFERRED TO:1.  387 L 0054: Council Directive 87/54/EEC of 16 December  1986 on the legal protection of topographies of semiconductor products (OJ No L 24, 27.1.1987, p.  36). The provisions of the Directive shall, for the purposes of the Agreement, be read with the  following adaptations: (a)  in Article 1(1)(c), the reference to Article 223(1)(b) of the EEC Treaty shall be replaced by  reference to Article 123 of the EEA Agreement; (b) Article 3(6) to 3(8) shall not apply; (c) Article 5(5) shall be replaced by the following: 'The exclusive rights to authorize or prohibit the acts specified in paragraph 1(b) shall not apply  to any such act committed after the topography or the semiconductor product has been put on the  market in a Contracting Party by the person entitled to authorize its marketing or with his  consent.`2. 390 D 0510: First Council Decision 90/510/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. 29). The provisions of the Decision shall, for the purposes of the Agreement, be read with the following  adaptations: (a) in the Annex, the references to Austria and Sweden shall be deleted; (b) in addition, the following shall apply: where a country or territory listed in the Annex does not give the same protection as provided for  in that Decision to persons from a Contracting Party, the Contracting Parties will use their best  endeavours to ensure that such protection is given by the said country or territory to the said  Contracting Party at the latest one year after the date of entry into force of this Agreement. 3. (a)  390 D 0511: 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). (b) 390 D 0541: Commission Decision 90/541/EEC of 26 October 1990 in accordance with Council  Decision 90/511/EEC determining the countries to the companies or other legal persons of which  legal protection of topographies of semiconductors is extended (OJ No L 307, 7.11.1990, p. 21). In addition to these two Decisions, the following shall apply: the EFTA States undertake to adopt for the purposes of this Agreement Council Decision 90/511/EEC  and the decisions taken by the Commission in accordance with the said Council Decision, if their  application is extended beyond 31 December 1992. Ensuing amendments or replacements are to be  adopted before the entry into force of the Agreement. 4. 389 L 0104: First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of  the Member States relating to trade marks (OJ No L 40, 11.2.1989, p. 1). The provisions of the Directive shall, for the purposes of the Agreement, be read with the  following adaptations: (a) in Article 3(2), the term 'trade mark law` shall be understood to be the trade mark law  applicable in a Contracting Party; (b) in Articles 4(2)(a)(i), (2)(b) and (3), 9 and 14, the provisions concerning the Community trade  mark shall not apply to EFTA States unless the Community trade mark extends to them; (c) Article 7(1) shall be replaced by the following: 'The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which  have been put on the market in a Contracting Party under that trade mark by the proprietor or with  his consent.`5. 391 L 0250: Council Directive 91/250/EEC of 14 May 1991 on the legal protection of  computer programs (OJ No L 122, 17.5.1991, p. 42). The provisions of the Directive shall, for the purposes of the Agreement, be read with the  following adaptation: Article 4(c) shall be replaced by the following: 'any form of distribution to the public, including the rental, of the original computer program or  of copies thereof. The first sale in a Contracting Party of a copy of a program by the rightholder  or with his consent shall exhaust the distribution right within the territories of the Contracting  Parties of that copy, with the exception of the right to control further rental of the program or a  copy thereof.`