LegalizeS.I. No. 318/1991 - European Communities (Protection of Topographies of Semiconductor Products) (Amendment) Regulations, 1991
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1 amending act · 1993-10-29, S.I. No. 310/1993 - European Communities (Protection of Topographies of Semiconductor Pro…
S.I. No. 318 of 1991.
EUROPEAN COMMUNITIES (PROTECTION OF TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS) (AMENDMENT) REGULATIONS, 1991.
I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Decisions No. 90/510/EEC^(1) and 90/511/EEC^(2) of 9 October 1990, hereby make the following Regulations:
^(1)O.J. No. L285. 17.10.90. p.29
^(2)O.J. No. L285. 17.10.90. p.31
1.
(1) These Regulations may be cited as the European Communities (Protection of Topographies of Semiconductor Products) (Amendment) Regulations, 1991.
- (2) These Regulations shall come into operation on the 10th day of December, 1991.
2.
For the avoidance of doubt Regulations 9, and 10 (inserted by the European Communities (Protection of Topographies of Semiconductor Products) (Amendment) Regulations, 1988 ( S.I. No. 208 of 1988 )), of the European Communities (Protection of Topographies of Semiconductors Products) Regulations, 1988 ( S.I. No. 101 of 1988 ), are hereby declared to have been revoked on the 7th day of November, 1990.
3.
The European Communities (Protection of Topographies of Semiconductor Products) Regulations, 1988 ( S.I. No. 101 of 1988 ), are hereby amended by the insertion of the following Regulations:
"9. The right to protection conferred by these Regulations shall extend to—
( a ) natural persons who are nationals of a country or territory listed in the First Schedule to these Regulations or who have their habitual residence in the territory of one of those countries or territories, and
( b ) companies and other legal persons of a country or territory listed in the said Schedule which have a real and effective industrial or commercial establishment in such a country or territory;
The right to protection conferred by these Regulations shall extend to—
( a ) natural persons who are nationals of a country or territory listed in the Second Schedule to these Regulations or who have their habitual residents in the territory of one of those countries or territories, and
( b ) companies and other legal persons of a country or territory listed in the said Schedule which have a real and effective industrial or commercial establishment in such a country or territory subject to the condition that companies or other legal persons of a Member State which have a right to protection under the Council Directive benefit from protection in the country or territory in question (being countries and territories which have been so determined by the Commission).
Regulation 10 of these Regulations shall stand revoked on the 31st day of December, 1992."
FIRST SCHEDULE
Australia
Austria
Collectivité territoriale de Mayotte
Collectivité territoriale de Saint-Pierre et Miquelon
Japan
French Polynesia
French Southern and Antarctic Territories
New Caledonia and dependencies
Sweden
Wallis and Futuna Islands
SECOND SCHEDULE
Anguilla
Bermuda
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Channel Islands
Falkland Islands
Finland
Hong Kong
Iceland Isle of Man
Liechtenstein
Montserrat
Norway
Pitcairn
St. Helena
St. Helena Dependencies (Ascension, Tristan da Cunha)
South Georgia and the South Sandwich Islands
Switzerland
Turks and Caicos Islands
United States of America
GIVEN under my Official Seal, this 10th day of December 1991.
DESMOND O'MALLEY,
Minister for Industry and Commerce.
EXPLANATORY NOTE.
These Regulations amend the European Communities (Protection of Topographies of Semiconductor Products) Regulations, 1988 ( S.I. No. 101 of 1988 ) and give effect to Council Decisions 90/510/EEC and 90/511/EEC of 9 October, 1990 (O.J. L285 17.10.1990, P.29 and P.31) which provide for the extension of the legal protection of topographies of semiconductor products, under EC Directive 87/54/EEC of 16 December, 1986 (O.J. No. L24, 27.1.1987, P.36), to certain countries and territories.
These decisions provide
- (1) permanent extension of protection to countries and territories which have extended protection at an acceptable level and on a permanent basis to Community topographies.
- (2) extension of protection on a temporary basis, until 31 December, 1992, to certain other countries and territories, subject to a reciprocity requirement that legal persons of a Member State must enjoy similar protection in the overseas country or territory concerned. The countries and territories listed in the Second Schedule which satisfy the reciprocity requirement shall be determined by the Commission and communicated to Member States.
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