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
Date: 1993-06-28
Institutions: European Commission
Subjects: United States, designs and models, electronic component, industrial property, overseas countries and territories

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) 

-  2  -

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  2 4,  2 7 . 1 . 1 9 8 7,  p  36 
(2)  OJ  Nfi L  2 8 5,  1 7 . 1 0 . 1 9 9 0,  p.  29 
(3)  OJ  Nfi L  11,  1 9 . 1 . 1 9 9 3,  p.  2 2. 
(4)  OJ  Nfi L  11,  1 9 . 1 . 1 9 9 3,  p.  2 0. 

3  -

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." 

- 4 -

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. 

-  5  -

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, 

This Decision shall  apply  from  1 

1993. 

Article 2 

This Decision  is addressed  to the Member  States. 

Article 3 

Done at 

For  the CounciI 

The President 

- s -

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. 

The proposal  has no  financial  impact  on the Community  budget. 

FINANCIAL  IMPACT 

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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