WRITTEN QUESTION E-2157/99

by Roberta Angelilli (UEN) to the Commission

(24 November 1999)

Subject: Counterfeiting of ceramic goods produced in the Province of Viterbo

Several producers of ceramic goods in the Province of Viterbo have complained about the counterfeiting by Egyptian companies of some articles of sanitary ware. Copies of this kind are flooding the Italian and European markets, on which they are gaining a hold owing to extremely low production costs and, thereby, to unfair competition with Italian companies, to whom they are causing serious financial damage. They are therefore a potential threat to jobs.

Even the Egyptian Ambassador to Italy, who was alerted following a complaint which Italian producers made to the Rome police, has acknowledged that those producers have a case.

Given the above, would the Commission state:

1. whether it would not agree that such competition from Egyptian companies is extremely unfair;

2. whether it would not agree that such counterfeiting of Italian products is in breach of current legislation on the development and protection of intellectual property rights, including Directive 93/98(1);

3. whether it would not agree that the above behaviour is in breach of the moral rights of the makers;

4. whether it would not agree that it should approach the Egyptian authorities with a view to obtaining further information on the above matter and, possibly, calling on them to ensure respect for international intellectual property law;

5. its general views on the matter.

(1) OJ L 290, 24.11.1993, p. 9.

Answer given by Mr Bolkestein on behalf of the Commission

(12 January 2000)

The Commission is fully aware of the difficulties experienced by Community industry in combating counterfeiting and piracy. It is not however possible for the Commission to give a precise response to the Honourable Member's questions on the basis of the information she gives.

The marketing of counterfeit and pirated goods, that is goods produced without the authorisation of the holder of the intellectual property rights covering the goods, damages law-abiding manufacturers and traders and misleads consumers. To prevent such goods from being placed on the Community market, the Community has developed a legal framework that ensures the effective protection of intellectual property rights within the Community.

In particular, Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods(1) aims to prevent the passage of counterfeit and pirated goods through the external borders of the Community. This Regulation allows the national customs authorities to suspend the release of goods suspected of being counterfeit or pirated whilst the right holder instigates infringement proceedings before the national authorities.

The Commission has also, in October 1998, adopted a green paper on combating counterfeiting and piracy in the single market(2). This is the starting point of a wide consultation process, involving all interested parties, aimed at further strengthening the fight against counterfeiting and piracy in the Commuinity.

Furthermore, it should also be noted that Egypt has to apply the Trade-related aspect of intellectual property right (TRIPs) agreement as of 1 January 2000.

Finally, in the framework of the negotiations between the Community and the Mediterranean countries, which includes Egypt, there are specific provisions intended to ensure the adequate and effective protection of intellectual property rights in accordance with the prevailing international standards, including effective means of enforcing such rights.

(1) OJ L 341, 30.12.1994 as amended by Council Regulation (EC) No 241/1999, OJ L 27, 2.2.1999.

(2) COM(98) 569 final.