CELEX: 51996PC0411
Language: en
Date: 1996-09-04
Title: Proposal for a COUNCIL DECISION on the extension of the legal protection of topographies of semiconductor products to persons from the Isle of Man

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)
 ---pagebreak---  ---pagebreak---                                        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
 ---pagebreak--- 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).
 ---pagebreak--- 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.
 ---pagebreak---                                      Proposal for a Council Decision
                                 on the extension of the legal protection
                               of topographies of semiconductor products
                                     to personsfromthe 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).
 ---pagebreak--- 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
 ---pagebreak--- 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
                                                %
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 411 final
                                             DOCUMENTS
EN                                                                       08 11
                                    Catalogue number : CB-CO-96-409-EN-C
                                                             ISBN 92-78-07799-2
Office for Official Publications of the European Communities
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