EN Official Journal of the European Union C 309/33

Opinion of the European Economic and Social Committee on the Proposal for a Council Decision approving the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs, adopted in Geneva on 2 July 1999

COM(2005) 687 final — 2005/0273 (CNS)

and the

Proposal for a Council Regulation amending Regulation (EC) No 6/2002 and Regulation (EC) No 40/94 to give effect to the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs

COM(2005) 689 final — 2005/0274 (CNS)

(2006/C 309/07)

On 17 February 2006 the Council decided to consult the European Economic and Social Committee, under Articles 308 and 300 of the Treaty establishing the European Community, on the abovementioned proposal.

On 14 February 2006 the Council decided to consult the European Economic and Social Committee, under Article 308 of the Treaty establishing the European Community, on the

Proposal for a Council regulation amending Regulation (EC) No 6/2002 and (EC) No 40/94 to give effect to the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs

COM(2005) 689 final — 2005/0274 (CNS).

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 31 May 2006. The rapporteur was Mr Bryan Cassidy.

At its 428th plenary session, held on 5 and 6 July 2006 (meeting of 5 July), the European Economic and Social Committee adopted the following opinion by 155 votes to 3 with 2 abstentions.

1. Executive summary of EESC conclusions and recommendations

The two Commission proposals are linked and will therefore be taken in one document for the purposes of the EESC's consideration.

The EESC fully supports the Commission proposals.

2. Main elements of the Commission proposals

2.1 These proposals seek to establish a link between the Community registered design system and the Hague system for the international registration of industrial designs, by the accession of the EC to the Geneva Act of the Hague Agreement. The first proposal is to accede to the Act. The second is to amend the relevant Regulations to make this possible.

2.2 The Hague System is based on the Hague Agreement concerning the International Registration on Industrial Designs. This Agreement is constituted by three different Acts; the 1934 London Act, the 1960 the Hague Act and the 1999 Geneva Act. The three acts are autonomous and coexist with respect to their substantive provisions. Contracting parties may decide to become party to only one, two or all three Acts. They automatically become members of the Hague Union, which at present has 42 Contracting States, including 12 EU members (1).

2.3 Accession would allow designers throughout the EC to protect new and original designs in any of the Geneva Act countries with a single application. It would add another route by which applicants could protect their designs, with protection available at a national level, at Community level through the Community Registered Design and internationally through the Hague system.

2.4 The result would be a simpler, more economically efficient and cost effective system. Under the Hague system, applicants are not required to provide translations of documents, do not have to pay separate fees to offices and agents in different countries, nor do they have to keep watch on the different deadlines for renewal of national applications. Instead, a single application is deposited at a single location with a single fee, resulting in multiple international registered design rights in nominated Geneva Act countries.

2.5 The Community design system allows designers to protect new and original designs, which are characterised by their visual appearance, by the granting of individual monopolies over registered designs, which are unitary in character and valid throughout the EC. Registered design rights also exist in each of the Member States but the Community design is an economical and convenient way of obtaining uniform protection throughout the Community by any business operating in the European market.

2.6 The Hague Agreement Concerning International Registration of Industrial Designs provides a system, administered by the World Intellectual Property Organisation (WIPO) by which filing a single design application together with a single fee will result in a bundle of registered designs in nominated contracting states. The Hague system can be used by any resident or national of or business established in a state, which is party to the Agreement. At present WIPO does not receive applications filed though national offices. Direct filing at WIPO avoids confusion and duplication and the possibility of overpayment to the OHIM.

2.7 One of the advantages of the Hague system is that it facilitates the modification of design protection and renewal at its expiry.

2.8 The Geneva Act of the Hague Agreement entered into force on 23 December 2003. Among other modifications to make the system more accessible, it allows for the accession of intergovernmental organisations such as the EC to the Hague system. Currently, 19 countries are parties to the Geneva Act including Switzerland, Singapore and Turkey. A number of Member States have yet to sign and/or ratify.

2.9 The Geneva Act allows applications in only one of two official languages — English and French.

2.10 The United States is due to accede to the Act in November 2006 and accession by both the EU and the US should encourage other major trading partners (China, Japan, Korea) to accede allowing registration in several significant countries.

2.11 The proposal establishes a link between the EC, which is regarded as a single country under the Act and the Hague system thereby increasing its usefulness.

3. Specific comments

3.1 The proposal for a Council Decision [COM(2005) 687 final] allows the EC to act as a single country in the Hague union in relation to the Community Design system. The amendment to regulation EC/6/2002 (Community Designs Regulation) gives effect to the accession to the Geneva Act.

3.2 The amendment of regulation EC/40/94 (the Community Trade Mark Regulation) allows for the Office for Harmonization in the Internal Market (OHIM) in Alicante to accept fees for designs registered under the Geneva Act.

3.3 The legal base for the proposal to amend these two Community Regulations is Article 308 of the EC Treaty.

3.4 The European Parliament is consulted. The two proposals are not subject to co-decision.

3.5 Voting in the Council is by unanimity.

4. Costs

4.1 It is not expected that additional costs will be incurred by this proposal as it concerns amendments to Regulations which have direct applicability to Member States.

4.2 Currently, design registrations are subject to filing fees and renewal fees in each country in which they are filed. Typical national filing fees are estimated to be generally under EUR 100 but in addition, there is the cost and inconvenience of currency conversion when filing internationally.

Brussels, 5 July 2006. The President of the European Economic and Social Committee Anne-Marie SIGMUND

(1) They are: Belgium, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Luxembourg, Netherlands, Slovenia and Spain. The EU itself is not at present a member of the Hague system.