WRITTEN QUESTION No. 1446/97 by Nikitas KAKLAMANIS to the Commission. Copyright in the EU
Date: 1997-04-28
Institutions: European Parliament, KAKLAMANIS
Subjects: approximation of laws, competence of the Member States, copyright, intellectual property, literary and artistic property, transfer of property

C 21/56

EN

Official Journal of the European Communities

22. 1. 98

Whereas the concept of bad faith may play a role in the appreciation of the validity of a given trade mark, it is not
an element which is included in the conditions for enforcing rights relating to a valid trade mark. Thus, according
to trade mark standards, the possibility to enforce a right relating to a given trade mark is in principle not limited
where such rights are enforced in bad faith.

The Commission recognizes that recently and increasingly, problems have arisen from the use of trade marks
within the framework of the Internet. However, these cases concern a different problem, namely the abuse by
third parties of existing and protected trade marks as domain names on the Internet. The Commission is currently
examining the problem within the framework of the Community as well as at the international level.

(1)  OJ L 40, 11.2.1989.

(98/C 21/141)

WRITTEN QUESTION E-1439/97

by Katerina Daskalaki (UPE) to the Commission

(23 April 1997)

Subject: Destruction of ancient Greek monuments in Youthrotos

Youthrotos, a unique archaeological site (situated outside Sarande) in Albania and was entered by Unesco in
1992 on the World Cultural Heritage List, is now unprotected and at the mercy of vandals.

Can the Commission launch or provide backing for a rescue mission to Albania in order to protect at least those
remaining treasures which form part of Europe(cid:146)s cultural heritage?

Answer given by Mr Oreja on behalf of the Commission

(13 June 1997)

As the Honourable Member is aware, through its reply to the oral question H-350/97 by Mr Alavanos during
question time at Parliament(cid:146)s May 1997 part-session (1) the Commission has already expressed its concern and
willingness  to  consider  measures  through  the  PHARE  programme  in  favour  of  the  protection  of  the
archaeological  site  at  Buthrotum.  These  measures,  however,  can  not  be  considered  and  undertaken  in  the
immediate future due to the conditions still prevailing in that part of the country. In its contacts with the new
government  of  reconciliation,  the  Commission  intends  to  raise  this  issue  and  the  appropriate  measures  to  be
undertaken.

Furthermore, and once the conditions allow, the Commission could also consider support for a mission of experts
for an evaluation of the situation as well as the implementation of emergency measures to protect this important
archaeological site from further damage and deterioration. This mission and measures could be carried out in the
framework  of  crossborder  cooperation  (Greece/Albania/Italy)  in  consultation  and  close  cooperation  with  the
Albanian authorities and under the auspices of an international organisation such as the International council of
monuments and sites (ICOMOS).

(1)  Debates of the Parliament (May 1997).

(98/C 21/142)

WRITTEN QUESTION E-1446/97

by Nikitas Kaklamanis (UPE) to the Commission

(28 April 1997)

Subject: Copyright in the EU

Many  artists  across  Europe  are  calling  for  a  uniform  copyright  law  to  enable  the  heirs  of  deceased  artists  to
collect royalties in the EU on their works.

What is the Commission(cid:146)s position on this issue and does it believe that harmonization would benefit artists
throughout the EU?