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Royal Decree 149/1996 Of 2 February, Which Expands The Legal Protection Of Topographies Of Semiconductor Products To Nationals Of The Members Of The World Trade Organization.

Original Language Title: Real Decreto 149/1996, de 2 de febrero, por el que se amplía la protección jurídica de las topografías de los productos semiconductores a los nacionales de los miembros de la Organización Mundial del Comercio.

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TEXT

The first paragraph of the third final provision of Law 11/1988, of 3 May, on the legal protection of topographies of semiconductor products, authorizes the Government to amend Article 3.3 thereof, with the aim of to extend the right to the protection of persons originating in third countries or territories, who do not belong to the European Union and who do not benefit from protection, where this is established by the bodies of the European Union.

For its part, the Council of the European Union, in order to respond to the need to harmonise Community legislation with the Agreement on Trade-Related Aspects of Intellectual Property Rights (" Agreement The Commission has adopted Decision 94 /824/EC of 22 December 2000 extending, on a permanent basis, the legal protection of semiconductor products to nationals of the members of the World Trade Organisation. That Decision shall apply from 1 January 1996.

Making use of the authorisation to the Government provided for in the first paragraph of the third paragraph of Law 11/1988 of 3 May, and taking into account Decision 94 /824/EC adopted by the Council of the European Union, to extend, on a permanent basis, the legal protection of topographies of semiconductor products to nationals of members of the World Trade Organisation.

In its virtue, on the proposal of the Minister of Industry and Energy, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of February 2, 1996,

DISPONGO:

Single item. Beneficiaries of protection.

1. They shall benefit from the protection provided for in Law 11/1988 of 3 May on the legal protection of topographies of semiconductor products, natural persons who are nationals of a member of the Agreement establishing the Organization of the European Union World of Trade, or are domiciled in its territory.

2. Natural or legal persons with a real and effective establishment for the production of topographies or the production of integrated circuits within the territory of a Member of the Agreement establishing the Agreement shall enjoy the same protection. World Trade Organisation, which shall have the consideration of natural or legal persons with a real and effective commercial or industrial establishment in the territory of a member.

Single repeal provision. Regulatory repeal.

To the entry into force of this Royal Decree will be repealed all those provisions of equal or lower rank relative to the extension of the legal protection of the topographies of the semiconductors products to persons originating in certain countries and territories to the extent that they extend the protection granted by Law 11/1988 of 3 May to countries or territories which are party to the Agreement establishing the World Trade Organization.

Single end disposition. Entry into force.

This Royal Decree will enter into force on the day following its publication in the "Official Gazette of the State", with effect from 1 January 1996.

Given in Madrid on 2 February 1996.

JOHN CARLOS R.

The Minister of Industry and Energy,

JUAN MANUEL EGUIAGARAY UCELAY