CELEX: 51993PC0660
Language: en
Date: 1993-12-10
Title: Proposal for a COUNCIL DECISION on the extension of the legal protection of topographies of semiconductor products to persons from the United States of America

COMMISSION OF THE EUROPEAN CQMVIUNITIES
                                                                      COM(93) 660 final
                                                                     Brussels, 10 December 1993
S^t'-U
                                                Proposal for a
                                               CQUNCH DECISION
               on t h e e x t e n s i o n o f t h e l e g a l p r o t e c t i o n o f t o p o g r a p h i e s of
               semiconductor p r o d u c t s to persons from the U n i t e d S t a t e s                      of
                                                   Amer ica
                                        (presented by the Commission)
       ':sm
 ---pagebreak---                                                -  %'
                              EXPLANATORY MEMORANDUM
Council Directive 87/54/EEC on the legal protection of topographies of semiconductor
products1 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 in the territory of a Member State.
The directive has been implemented in the legislations of all Member States.
This protection can be extended to natural and legal persons from other countries by
decision of the Council either on a permanent basis or for a fixed period of time2.
The Decision (93/16/EEC), which it is proposed to extend, was adopted in relation to the
United States and certain British overseas territories and possessions which, at the time,
had not granted full and/or indefinite protection to the Member States. Accordingly, it is
subject to a time limit and expires on 31 December 1993 with respect to the United
States of America.
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.
Such positive determination has so far been made by the Commission, pursuant to
Decision 93/217/EEC of 19 March 19933 in respect of the United States of America.
Protection for natural persons is not subject to any reciprocity requirement.
    OJ n° L 24, 27/1/1987, p36
    At present, two such decisions are in force: 90/510/EEC (OJ n° L 285, 17.10.1990, p29) of 9 October
     1990 (modified by Council Decision 93/17/EEC (OJ n° L 11, 19.1.1993, p22) of 21 December 1992),
    and 93/16/EEC (OJ n° L 11, 19.1.1993, p20) of 21 December 1992 (completed by Council Decision
    93/520/EEC of 27 September 1993 (OJ n° L 246, 2.10.1993, p31)).
    The first of these two Decisions is permanent and unconditional in its effect and covers certain
    countries which have granted like protection to the Member States.
    OJ n° L 94, 29.4.93, p30.
 ---pagebreak---                                              3-
   The reciprocity features of Decision (93/16/EEC) described above were incorporated in
   previous extension decisions because at the time these were made, the protection on a
  worldwide scale of integrated circuit topographies was still at an early stage of
   development.
  There were few third countries with appropriate legislation, at that time.
  The situation has evolved in a positive way and presently Community topographies are
  protectable in several third countries.
  It is also probable, if the GATT talks are successful, that a multilateral system for the
  protection of topographies will come into force.
  Concerning the United States of America, the contacts made by the Commission with the
v US Government have not yet enabled the Community to obtain permanent protection in
  the US.
  Taking into account the protection existing currently in the United States both for physical
  and moral persons from the Member States until 1 July 1994, and the expectation of
  achieving a status of reciprocal permanent protection in the near future or a similar result
  from the eventual establishment of a multilateral system under GATT, a decision to extend
  the protection under the Directive to the United States until 1 July 1994 can be justified.
  A new interim decision should be made with provisions similar to those of the expiring
  decision.
  It is urgent to extend the protection already granted to the United States of America
  before it expires, but it is appropriate to do so only for the period of time necessary for the
  procedure for granting mutual unlimited protection to be completed.
 ---pagebreak---                             _ 4 -
Current legal protection exlsting in the United States of
Amer i ca
In the United States of America, based on interim orders issued
under Section 914 of the Semiconductor Chip Protection Act of
1984 (SCPA), legal protection is available until 1 July 1994 to
owners of mask works, who are nationals, domiciIiaries or
sovereign authorities of Community Member States.
The faculty of the US Secretary of Commerce to issue orders
extending interim protection pursuant to Section 914 SCPA
expires on 1 July 1995 (Law np_ 102-64).
Protection can be extended to the Member States on a permanent
basis on condition of reciprocity by a presidential proclamation
(Section 902 SCPA) after a procedure to evaluate the protection
granted by Member States.
Discussion with the US administration has not, to date, enabled
the Community to obtain such a proclamation.
 ---pagebreak---                                  - 5 -
                              PROPOSAL for a
                             COUNCIL DECISION
on the extension of the legal protection of topographies of
semiconductor products to persons from the United States of
Amer i ca
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Commun i ty ,
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 certain countries and territories on an interim basis only,
in accordance with Council Decision 93/16/EEC^ 2 ^ which expires
on 31 December 1993 with respect to the United States of
Amer i ca ;
Whereas protection has been extended to companies and other
legal persons in respect of the United States of America, as
Commission Decision 93/217/EEC^ 3 ) determined that the United
States fulfils until 31 December 1993 the condition of
reciprocity laid down in Article 1 (2) of Council Decision
93/16/EEC;
(1) OJ No L 24, 27.1.1987, p. 36
(2) OJ No L 11, 19.1.1993, p. 20.
(3) OJ No L 94, 20.4.1993, p. 30.
 ---pagebreak---                                           - 6 -
Whereas the United States have an appropriate legislation and
are expected to continue to protect topographies of
semiconductor products under their national law and make this
protection available to those persons from the Member States of
the Community who benefit from the right to protection under
Direct Ive 8 7 / 5 4 / E E C ;
Whereas presently all Member                States of the European Communities
have national legal measures                 implementing         Directive 87/54/EEC;
Whereas it is appropriate to continue to extend protection to the United States of America
until 1 July 1994 to allow time for the procedure for granting mutual unlimited protection
to be completed;
HAS ADOPTED THIS          DECISION:
                                          Art i cle 1
         Member states shall extend the right                     to protect ion under
         Directive 87/54/EEC as follows:
         (a)    natural persons who are nationals of the United
                States of America or who have their habitual
                residence in the territory of the United States of
                America shall be treated as if they were nationals of
                a Member State;
 ---pagebreak---                               - 7 -
       (b)  companies or other legal persons of the United States
            of America which have a real and effective industrial
            or commercial establishment in the United States of
            America shall be treated as If they have a real and
            effective industrial or commercial establishment on
            the territory of a Member State.
2.    The application of subparagraph 1 ( b ) , shall be subject to
       the condition that companies or other legal persons of a
      Member State which have a right to protection under
      Directive 87/54/EEC benefit from protection in the United
      States .
3.    The fulfilment by the United States of the conditions laid
      down in paragraph 2, shall be determined by the Commission
      and communicated to the Member S t a t e s .
                              Art ic le 2
This Decision  shall apply  from  1 January   1994.
Member States shall extend the right to protection under this
Decision to the persons referred to in Article 1 until 1 July
1994.
Any exclusive rights acquired under Decision 9 0 / 5 1 1 / E E C ,
Decision 93/16/EEC or this Decision shall continue to produce
their effect for the period laid down under Directive 87/54/EEC
                             Article 3
This Decision  is addressed  to the Member    States.
Done at BrusseI s,
                                          For  the CouncI I
                                          The  President
 ---pagebreak---                             - 8 -
           MPACT ON SMALL AND MEDIUM  SIZED ENTERPRISES
The proposal would extend protection In respect of topographies
of semiconductor products to persons who are n a t i o n a l s ,
residents or legal entities of the United S t a t e s of America.
The proposal has no foreseeable  impact on small     or medium   sized
enterprises within the EEC.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 660 final
                                                      DOCUMENTS
EN                                                                         n 08
                                 Catalogue number : CB-CO-93-714-EN-C
                                                             ISBN 92-77-62788-3
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