Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-13-Speech-2-240"
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"en.20060613.27.2-240"2
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".
In response to the honourable Member’s question on an alleged infringement of industrial property rights, the Commission stresses that it cannot intervene in a legal dispute between private parties pending before the court of a Member State. If a party believes that its industrial property rights have been infringed and sues in a national court, it is for the national judge to ascertain whether an infringement has taken place.
It is also for the national judge to consider whether the relevant national legislation is in line with European Community law and with international treaties to which the relevant country is a party. European Community law governing the enforcement of intellectual property rights applies to trade names only insofar as these are protected as exclusive property rights in the national law concerned. In any event, the European Community is not a contracting party to the Paris Convention on the Protection of Industrial Property.
The honourable Member should also note that Article 15.1 of the Electronic Commerce Directive prohibits the application of a general filtering obligation to Internet hosting services. According to Article 14.3 of that directive, it is only a court or an administrative authority that can require a given service provider to terminate or prevent a specific infringing activity.
In addition, the Commission does not consider that the points raised by the honourable Member relate to the market power or the potential monopoly that the company in question may have."@en1
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