CELEX: 51993PC0300
Language: en
Date: 1993-06-28
Title: 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

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)
 ---pagebreak---                                                - 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 .
 ---pagebreak---                                       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."
 ---pagebreak---                                     - 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 N Q L 24, 27.1.1987, p. 36
   (2) OJ N Q L 11, 19.1.1993, p. 20.
 ---pagebreak---                                     - 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,
                                  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
 ---pagebreak---                            - 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
 ---pagebreak---                                     - 7 -
                 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.
 ---pagebreak---                                             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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