94/824/CE: Decisión del Consejo, de 22 de diciembre de 1994, sobre la ampliación de la protección jurídica de las topografías de los productos semiconductores a los nacionales de los miembros de la Organización Mundial del Comercio
Sección: | Decisión |
DECISIÓN DEL CONSEJO de 22 de diciembre de 1994 sobre la ampliación de la protección jurídica de las topografías de los productos semiconductores a los nacionales de los Miembros de la Organización Mundial del Comercio (94/824/CE)
EL CONSEJO DE LA UNIÓN EUROPEA,
Visto el Tratado constitutivo de la Comunidad Europea,
Vista la Directiva 87/54/CEE del Consejo, de 16 de diciembre de 1986, sobre la protección jurídica de las topografías de los productos semiconductores (1) y, en particular, el apartado 7 de su artículo 3,
Vista la propuesta de la Comisión,
Considerando que se ha firmado en nombre de la Comunidad el Acuerdo por el que se crea la Organización Mundial del Comercio (en lo sucesivo, «OMC»); que el Acuerdo sobre los aspectos de los derechos de propiedad intelectual relacionados con el comercio (en lo sucesivo, «Acuerdo ADPIC»), anexo al Acuerdo OMC, contiene disposiciones detalladas sobre la protección de los derechos de propiedad intelectual, cuya finalidad consiste en establecer normas internacionales en este sector para promover el comercio internacional y evitar las distorsiones y fricciones comerciales debidas a la falta de una protección adecuada y eficaz de la propiedad intelectual;
Considerando que, para asegurarse de que toda la legislación comunitaria pertinente es plenamente conforme al Acuerdo ADPIC, la Comunidad debe adoptar determinadas medidas en relación con los actos comunitarios vigentes en materia de protección de los derechos de propiedad intelectual; que estas medidas entrañan, en algunos casos, la modificación o reforma de actos comunitarios; que estas medidas implican modificar o completar actos comunitarios vigentes;
Considerando que la Directiva 87/54/CEE atañe a la protección jurídica de las topografías de los productos semiconductores; que los artículos 35 a 38 del Acuerdo ADPIC establecen las obligaciones de los Miembros de la OMC en materia de protección de los esquemas de trazado (topografías) de los circuitos integrados; que, de conformidad con el apartado 3 del artículo 1 y con el artículo 3 del Acuerdo ADPIC, la Comunidad debe garantizar que los nacionales de todos los restantes Miembros de la OMC disfrutan de dicha protección y de la concesión del trato nacional; que es, por consiguiente necesario ampliar la protección otorgada por la Directiva 87/54/CEE a los nacionales de los Miembros de la OMC sin ninguna exigencia de reciprocidad; que conviene utilizar con...
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