TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 112

WVC. BRUA, NICK4, 193,cca.==DİLEL

4

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On 13 July 1887 the Council approved a letter to the Director General

of WIPO requesting that the Governing Bodles of WIPO decide that the

European Economic Community as such should be invited to the

conference with a view to possible participation in a future treaty.

At the meeting of the Governing Bodies of WIPO in September 1987, the

Presidency, on behalf of all EEC Member States, made a statement on

the participation of the Community in the preparation and negotiation

of a treaty on Integrated circuits. In particular, it was stressed

that the Member States considered it vital that the EEC is invited

along with its Member States to participate in the conference as a

possible future party to the treaty, and that it should have the

status of a delegation in the negotiations.

In addition, proposals for modification of the draft treaty In order

to enable the Community to become party to the treaty have been

submitted to WIPO (letter to the Director General of WIPO approved by

Council on 5.8.1988).

4.

The need for the Community to participate in the negotiations

By the adoption of Directive 87/54/EEC, competence for all matters

covered by this Directive has been transferred, In accordance with

Community law, to the Community. For these matters therefore only

the Community as such can undertake obligations and assume

responsibilities on an International level.

This being an area of exclusive Community competence, It is therefore

the task of the Commission on the basis of Article 228 of the EEC

Treaty to negotiate an International agreement assuming it is in the

Interest of the Community.

5.

The Interest of the Community in becoming party to a future treaty

The Community has manifested its opinion that topographies of

semiconductor products should be protooted by Intellectual property

rules by adopting Directive 87/54/EEC. The Member States and the

Community have all along underlined their interest in a multilateral

treaty on a broad International basis in the preparatory work within

WIPO. Only a widely accepted treaty is capable of providing the

necessary protection for Integrated circuits, for which the commerce

is today in fact international.