Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-06-16-Speech-5-061"
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"en.20000616.4.5-061"2
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"Mr President, the Regulation on Community design is an important subject as far as the Commission is concerned. Hence the Commission welcomes Mr Ferri’s very thorough and well considered report.
When it comes to the matter of compulsory transfer of ownership of infringing products to the holder of the design, as proposed in Amendment No 19, the Commission takes the view that this may not be a fitting solution in all cases, particularly as it may be troublesome to the holder of the design in certain cases. Therefore, also because Article 93, paragraph 1, makes it possible, under point D of the regulation, for the national courts to take such measures where necessary, the Commission does not support the proposed amendment.
On a final note, I would like to thank the Members of this House for their support and cooperation in respect of this important regulation. I hope and trust that the European business community will welcome the fact that it is soon to have at its disposal one simple and inexpensive procedure for the protection of industrial designs in the European Union.
As I announced during the Internal Market Council on 16 March last, I intend, before long, to submit a new amended proposal for the regulation to the Commission for its approval. In this amended proposal, we will tackle the problems that have cropped up since the Commission submitted its proposal last June. The recommendations made in Mr Ferri’s report will prove extremely useful and significant in this respect.
I am delighted to be able to inform you that the Commission supports the recommendations in the following amendments: 1, 2, 3, 4, 5, 7, 8, 9, 13, 14, 16, 18 and 20. However, some of the amendments, and particularly Amendments Nos 10, 11, 21, 22 and 23 are not entirely consistent with what was agreed within the context of the 1998 directive on design and so, unfortunately, the Commission is unable to accept them. At this juncture, I would point out that the Commission sets great store by the principle that the regulation must not deviate from the concepts laid down in the aforementioned directive.
Furthermore, I would like briefly to take up the matter of design protection in the use of component parts of complex products for repair purposes, which is the subject of proposed Amendments Nos 6 and 12. This matter, which we had lengthy and complex negotiations about during the conciliation procedure for the directive, found expression in the directive and in the approval of the ‘compromise’ over the freezing of the repair clause. In this context, and in accordance with the compromise that was reached when the directive was approved, the Commission undertook to investigate the matter further and put forward a proposal within the framework of the directive. So as not to anticipate the solution that is ultimately to be approved, the Commission stipulates in its proposal for the regulation that component parts within the framework of the Community system are not protected, at least not as long as there has been no agreement on a definitive solution.
The Commission is amenable to Parliament’s suggestion that the text of the regulation should be brought more into line with that of the directive and you have my word that the Commission will give this further thought.
In addition, I would like to make reference to Amendments Nos 15 and 19, about counterfeiting. As far as Amendment No 15 is concerned, the Commission sees eye to eye with Parliament on the need for a right to information. However, the Commission would prefer to deal with this matter as part of the fight against counterfeiting and piracy. I should point out, in this connection, that the Commission raises this issue in the Green Paper on combating counterfeiting and piracy in the internal market."@en1
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