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No L 24/38
Official Journal of the European, Communities
The Member State shall hold the extension of protection or the conclusion of the agreement or understanding in abeyance for one month from the date on which it noti- fies the Commission. However, if within that period the Commission notifies the Member State concerned, of its intention to submit a proposal to the Council for all Member States to extend protection in respect of the persons or non-Member State concerned, the Member State shall hold the extension of protection or the conclu- sion of the agreement or undestanding in abeyance for a period of two months from the date of the notification by
the Member State.
Where, before the end of this two-month period, the Commission submits such a proposal to the Council, the Member State shall hold the extension of protection or the conclusion of the agreement or understanding in abeyance for a further period of four months from the date on which the proposal was submitted.
In the absence of a Commission notification or proposal or a Council decision within the time limits prescribed above, the Member State may extend protection_or conclude the agreement or understanding.
A proposal by the Commission to extend protection, whether or not it is made following a notification by a Member State in accordance with the preceding para- graphs shall be adopted by the Council acting by quali- fied majority.
A Decision of the Council on the basis of a Commission proposal shall not prevent a Member State from extending protection to persons, in addition to those to benefit from protection in all Member States, who were included in the envisaged extension, agreement or understanding as noti- fied, unless the Council acting by qualified majority has decided otherwise.
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8. Commission proposals and Council decisions pursuant to paragraph 7 shall be published for informa- tion in the Official Journal of the European Communi- ties.
1.
Article 4
Member States may provide that the exclusive rights conferred in conformity with Article 2 shall not come into existence or shall no longer apply to the topography of a semiconductor product unless an application for registration in due form has been filed with a public authority within two years of its first commercial exploita- tion. Member States may require in addition to such regis- tration that material identifying or exemplifying the topo- graphy or any combination thereof has been deposited with a public authority, as well as a statement as to the date of first commercial exploitation of the topography where it precedes the date of the applciation for registra- tion.
27. 1. 87
2. Member States shall ensure that material deposited in conformity with paragraph 1 is not made available to the public where it is a trade secret. This provision shall be without prejudice to the disclosure of such material pursuant to an order of a court or other competent autho- rity to persons involved in litigation concerning the vali- dity or infringement of the excusive rights referred to in Article 2.
3. Member States may require that transfers of rights in protected topographies be registered.
4. Member States may subject registration and deposit in accordance with paragraphs 1 and 3 to the payment of fees not exceeding their administrative costs.
5.
Conditions prescribing the fulfilment of additional formalities for obtaining or maintaining protection shall not be admitted.
6.
Member States which require registration shall provide for legal remedies in favour of a person having the right to protection in accordance with the provisions. of this Directive who can prove that another person has applied for or obtained the registration of a topography without his authorization.
1.
Article 5
The exclusive rights referred to in Article 2 shall include the rights to authorize or prohibit any of the following acts:
(a) reproduction of a topography in so far as it is
protected under Article 2 (2);
(b) commercial exploitation or the importation for that purpose of a topography or of a semiconductor product manufactured by using the topography.
2.
Notwithstanding paragraph 1, a Member State pay permit the reproduction of a topography privately for non
commercial aims.
ENGINEERIN
3. The exclusive rights referred to in paragraph 1 (a) REVERSE shall not apply to reproduction for the purpose of analy- zing, evaluating or teaching the concepts, processes, systems or techniques embodied in the topography or the topography itself.
4. The exclusive rights referred to in paragraph 1 shail not extend to any such act in relation to a topography meeting the requirements of Article 2 (2) and created on the basis of an analysis and evaluation of another topo- graphy, carried out in conformity with paragraph 3.
5. The exclusive rights to authorize or prohibit the acts specified in paragraph | (b) shall not apply to any such act committed after the topography or the semiconductor product has been put on the market in a Member State by the person entitled to authorize its marketing or with his
consent.