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states party to the treaty and therefore replace the reciprocity approach so far contained in Directive 87/54/EEC and the national legislation of most states having specific legislation protecting
semiconductors.
The future treaty will lay down principles to be respected by the
national legislation of the states party to the treaty, thus guaranteeing protection consistent with the treaty, but leaving the states party to the treaty freedom as to the form of legislation used
to comply with the treaty obligations.
It
Protection under the treaty should guarantee that the creation of new or innovative topographies is not affected by piracy or unauthorised
reproduction and commercial exploitation. At the same time, the
treaty should take account of the needs of developing countries.
should attract a sufficient number of countries, including those
countries which do not yet have any semiconductor Industry on their
territories, to become party to the treaty and thus help to create
the international protection necessary and wanted in this field.
3.
Status of the Community in relation to the future treaty
In December 1986 the Council adopted Directive 87/54/EEC on the legal protection of topographies of semiconductor products.(1) Member States are obliged in accordance with the principles laid down in the said Directive to protect topographies of semiconductor products. When this Directive was adopted. It was stated in the Council minutes
that the Community and the Member States shall exercise their
respective competences according to the procedures already established when competences are divided between the Member States
and the Community.
Subsequently, on 24 April 1987 the Council adopted a Decision on the participation of the Community in the preparatory work for a future Diplomatic Conference on the protection of Intellectual property in respect of Integrated circuits within WIPO (6192/87/P1 43 ECO 34).
(1) 0.J. N° L 24 of 27.1.1987 p.35