No L 24/36
Official Journal of the European Communities
87 DIRECT
27. 1. 87
:
CTNYR
22/10/56
را
COUNCIL DIRECTIVE
of 16 December 1986
on the legal protection of topographies of semiconductor products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
(87/54/EEC)
Having regard to the Treaty establishing the European Economic Community and in particular Article 100 thereof,
Having regard to the proposal from the Commission ('),
Having regard to the opinion of the European Parli- ament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas semiconductor products are playing an increa- singly important role in a broad range of industries and semiconductor technology can accordingly be considered as being of fundamental importance for the Community's industrial development;
Whereas the functions of semiconductor products depend in large part on the topographies of such products and whereas the development of such topographies requires the investment of considerable resources, human, tech- nical and financial, while topographies of such products can be copied at a fraction of the cost needed to develop them independently;
• Whereas topographies of semiconductor products are at present not clearly protected in all Member States by exis- ting legislation and such protection, where it exists, has different attributes;
Whereas certain existing differences in the legal protec- tion of semiconductor products offered by the laws of the Member States have direct and negative effects on the functioning of the common market as regards semicon- ductor products and such differences could well become greater as Member States introduce new legislation on this subject;
Whereas existing differences having such effects need to be removed and new ones having a negative effect on the common market prevented from arising;
Whereas, in relation to extension of protection to persons outside the Community, Member States should be free to act on their own behalf in so far as Community decisions have not been taken within a limited period of time;
(OJ No C 360, 31. 12. 1985, p. 14. (OJ No C 255, 13. 10. 1986, p. 249. OJ No C 189, 28. 7. 1986, p. 3.
the
Whereas the Community's legal framework on protection of topographies of semiconductor products can, in the first instance, be limited to certain basic prin- ciples by provisions specifying whom and what should be protected, the exclusive rights on which protected persons should be able to rely to authorize or prohibit certain acts, exceptions to these rights and for how long the protection. should last;
Whereas other matters can for the time being be decided in accordance with national law, in particular, whether registration or deposit is required as a condition for protection and, subject to an exclusion of licences granted for the sole reason that a certain period of time has elapsed, whether and on what conditions non-voluntary licences may be granted in respect of protected topogra- phies;
Whereas protection of topographies of semiconductor products in accordance with this Directive should be without prejudice to the application of some other forms of protection;
Whereas further measures concerning the legal protection of topographies of semiconductor products in the Community can be considered at a later stage, if neces- sary, while the application of common basic principles by all Member States in accordance with the provisions of this Directive is an urgent necessity,
HAS ADOPTED THIS DIRECTIVE:
1.
CHAPTER 1
Definitions
Article 1
For the purposes of this Directive :
(a) a 'semiconductor product' shall mean the final or an
intermediate form of any product :
(i) consisting of a body of material which includes a
layer of semiconducting material; and
(ii) having one or more other layers composed of
conducting, insulating or semiconducting mate rial, the layers being arranged in accordance with a predetermined three-dimensional pattern; and (iii) intended to perform, exclusively or together with
other functions, an electronic function :