27. 1. 87
6.
Official Journal of the European Communities
A person who, when he acquires a semiconductor product, does not know, or has no reasonable grounds to believe, that the product is protected by an exclusive right conferred by a Member State in conformity with this Directive shall not be prevented from commercially exploiting that product.
However, for acts committed after that person knows, or has reasonable grounds to believe, that the semiconductor product is so protected, Member States shall ensure that on the demand of the rightholder a tribunal may require, in accordance with the provisions of the national law applicable, the payment of adequate remuneration.
7. The provisions of paragraph 6 shall apply to the successors in title of the person referred to in the first sentence of that paragraph.
Article 6
Member States shall not subject the exclusive rights referred to in Article 2 to licences granted, for the sole reason that a certain period of time has elapsed, automati- cally, and by operation of law.
No L 24/39
(a) the end of the calendar year in which the topography is first commercially exploited anywhere in the world; (b) the end of the calendar year in which the application
for registration has been filed in due form.
4. Where a topography has not been commercially exploited anywhere in the world within a period of 15 years from its first fixation or encoding, any exclusive rights in existence pursuant to paragraph 1 shall come to an end and no new exclusive rights shall come into exis- tence unless an application for registration in due form has been filed within that period in those Member States where registration is a condition for the coming into exis- tence or continuing application of the exclusive rights.
Article 8
The protection granted to the topographies of semicon- ductor products in accordance with Article 2 shall not extend to any concept, process, system, technique or encoded information embodied in the topography other than the topography itself.
1.
Article 7
Member States shall provide that the exclusive rights referred to in Article 2 shall come into existence :
(a) where registration is the condition for the coming into existence of the exclusive rights in accordance with Article 4, on the earlier of the following dates :
(i) the date when the topography is first commerci-
ally exploited anywhere in the world;
(ii) the date when an application or registration has
been filed in due form; or
(b) when the topography is first commercially exploited
anywhere in the world; or
(c) when the topography is first fixed or encoded.
2.
Where the exclusive rights come into existence in accordance with paragraph 1 (a) or (b), the Member States shall provide, for the period prior to those rights coming into existence, 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 fraudulently reproduced or commercially exploited or imported for that purpose a topography. This paragraph shall be without prejudice to legal remedies made avai- lable to enforce the exclusive rights conferred in confor- mity with Article 2.
3. The exclusive rights|shall come to an end 10 years from the end of the calendar year in which the topo- graphy is first commercially exploited anywhere in the world or, where registration is a condition for the coming into existence or continuing application of the exclusive rights, 10 years from the earlier of the following dates :
Article 9
Where the legislation of Member States provides that semiconductor products manufactured using protected topographies may carry an indication, the indication to be used shall be a capital T as follows: T, T', [T], ©, T• or T.
1.
CHAPTER 3
Continued application of other legal provisions
Article 10
The provisions of this Directive shall be without prejudice to legal provisions concerning patent and utility model rights.
2. The provisions of this Directive shall be without prejudice :
(a) to rights conferred by the Member States in fulfilment of their obligations under international agreements, including provisions extending such rights nationals of, or residents in, the territory of the Member State concerned;
(b) to the law of copyright in Member States, restricting the reproduction of drawing or other artistic represen- tations of topographies by copying them in two dimensions.
3. Protection granted by national law to topographies of semiconductor products fixed or encoded before the entry into force of the national provisions enacting the Directive, but no later than the date set out in Article 11 (1), shall not be affected by the provisions of this Direc- tive.
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