ANNEX XVII

INTELLECTUAL PROPERTY

List provided for in Article 65(2)

INTRODUCTION

When the acts referred to in this Annex contain notions or refer to procedures which are specific to the Community legal order, such as:

- preambles;

- the addressees of the Community acts;

- references to territories or languages of the EC;

- references to rights and obligations of EC Member States, their public entities, undertakings or individuals in relation to each other; and

- references to information and notification procedures;

Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex.

ACTS REFERRED TO:

1. 387 L 0054: Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products (OJ No L 24, 27.1.1987, p. 36).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:

(a) in Article 1(1)(c), the reference to Article 223(1)(b) of the EEC Treaty shall be replaced by reference to Article 123 of the EEA Agreement;

(b) Article 3(6) to 3(8) shall not apply;

(c) Article 5(5) shall be replaced by the following:

'The exclusive rights to authorize or prohibit the acts specified in paragraph 1(b) shall not apply to any such act committed after the topography or the semiconductor product has been put on the market in a Contracting Party by the person entitled to authorize its marketing or with his consent.`

2. 390 D 0510: First Council Decision 90/510/EEC of 9 October 1990 on the extension of the legal protection of topographies of semiconductor products to persons from certain countries and territories (OJ No L 285, 17.10.1990, p. 29).

The provisions of the Decision shall, for the purposes of the Agreement, be read with the following adaptations:

(a) in the Annex, the references to Austria and Sweden shall be deleted;

(b) in addition, the following shall apply:

where a country or territory listed in the Annex does not give the same protection as provided for in that Decision to persons from a Contracting Party, the Contracting Parties will use their best endeavours to ensure that such protection is given by the said country or territory to the said Contracting Party at the latest one year after the date of entry into force of this Agreement.

3. (a) 390 D 0511: Second Council Decision 90/511/EEC of 9 October 1990 on the extension of the legal protection of topographies of semiconductor products to persons from certain countries and territories (OJ No L 285, 17.10.1990, p. 31).

(b) 390 D 0541: Commission Decision 90/541/EEC of 26 October 1990 in accordance with Council Decision 90/511/EEC determining the countries to the companies or other legal persons of which legal protection of topographies of semiconductors is extended (OJ No L 307, 7.11.1990, p. 21).

In addition to these two Decisions, the following shall apply:

the EFTA States undertake to adopt for the purposes of this Agreement Council Decision 90/511/EEC and the decisions taken by the Commission in accordance with the said Council Decision, if their application is extended beyond 31 December 1992. Ensuing amendments or replacements are to be adopted before the entry into force of the Agreement.

4. 389 L 0104: First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ No L 40, 11.2.1989, p. 1).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:

(a) in Article 3(2), the term 'trade mark law` shall be understood to be the trade mark law applicable in a Contracting Party;

(b) in Articles 4(2)(a)(i), (2)(b) and (3), 9 and 14, the provisions concerning the Community trade mark shall not apply to EFTA States unless the Community trade mark extends to them;

(c) Article 7(1) shall be replaced by the following:

'The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in a Contracting Party under that trade mark by the proprietor or with his consent.`

5. 391 L 0250: Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ No L 122, 17.5.1991, p. 42).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Article 4(c) shall be replaced by the following:

'any form of distribution to the public, including the rental, of the original computer program or of copies thereof. The first sale in a Contracting Party of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the territories of the Contracting Parties of that copy, with the exception of the right to control further rental of the program or a copy thereof.`