87
Official Journal of the European Communities
(b) the topography' of a semiconductor product shall mean a series of related images, however fixed or encoded;
(i) representing the three-dimensional pattern of the layers of which a semiconductor product is composed; and
(ii) in which series, each image has the pattern or part of the pattern of a surface of the semiconductor product at any stage of its manufacture ;
(c) 'commercial exploitation' means the sale, rental, leasing or any other method of commercial distribu- tion, or an offer for these purposes. However, for the purposes of Articles 3 (4), 4 (1), 7 (1), (3) and (4) 'commercial exploitation' shall not include exploita- tion under conditions of confidentiality to the extent that no further distribution to third parties occurs, except where exploitation of a topography takes place under conditions of confidentiality required by a measure taken in conformity with Article 223 (1) (b) of the Treaty.
2.
a
The Council acting by qualified majority on proposal from the Commission, may amend paragraph 1 (a) (i) and (ii) in order to adapt these provisions in the light of technical progress.
CHAPTER 2
Protection of topographies of semiconductor products
1.
Article 2
Member States shall protect the topographies of semiconductor products by adopting legislative provisions conferring exclusive rights in accordance with the provi- sions of the Directive.
2.
The topography of a semiconductor product shall be protected in so far as it satisfies the conditions that it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry. Where the topography of a semiconductor product consists of elements that are commonplace in the semiconductor industry, it shall be protected only to the extent that the combination of such elements, taken as a whole, fulfils the abovementioned conditions.
1.
Article 3
Subject to paragraphs 2 to 5, the right to protection shall apply in favour of persons who are the creators of the topographies of semiconductor products.
2.
Member States may provide that,
(a) where a topography is created in the course of the creator's employment, the right to protection shall
No L 24/37
apply in favour of the creator's employer unless the terms of employment provide to the contrary;
(b) where. a topography is created under a contract other than a contract of employment, the right to protection shall apply in favour of a party to the contract by whom the topography has been commissioned, unless the contract provides to the contrary.
3. (a) As regards the persons referred to in paragraph 1, the right to protection shall apply in favour of natural persons who are nationals of a Member State or who have their habitual residence on the territory of a Member State.
4.
(b) Where Member States make provision in accor- dance with paragraph 2, the right to protection shall apply in favour of:
(i) natural persons who are nationals of a Member State or who have their habitual residence on the territory of a Member State;
(ii) companies or other legal persons which have a real and effective industrial or commercial establishment on the territory of a Member State.
Where no right to protection exists in accordance with other provisions of this Article, the right to protec- tion shall also apply in favour of the persons referred to in paragraph 3 (b) (i) and (ii) who:
(a) first commercially exploit within a Member State a topography which has not yet been exploited commercially anywhere in the world; and
(b) have been exclusively authorized to exploit commerci- ally the topography throughout the Community by the person entitled to dispose of it.
5. The right to protection shall also apply in favour of the successors in title of the persons mentioned in para- graphs 1 to 4.
6.
Subject to paragraph 7, Member States may negotiate and conclude agreements or understandings with third States and multilateral Conventions concerning the legal protection of topographies of semiconductor products whilst respecting Community law and in particular the rules laid down in this Directive.
7.
Member States may enter into negotiations which third States with a view to extending the right to protec- tion to persons who do not benefit from the right to protection according to the provisions of this Directive. Member States who enter into such negotiations shall inform the Commission thereof.
When a Member State wishes to extend protection to persons who otherwise do not benefit from the right to protection according to the provisions of this Directive or to conclude an agreement or understanding on the exten- sion of protection with a non-Member State it shall notify the Commission. The Commission shall inform the other Member States thereof.
No comments yet.
Private notes are available after approval.