WRITTEN QUESTION No. 88/99 by Cristiana MUSCARDINI Legal protection of designs
Date: 1999-01-27
Institutions: European Parliament, MUSCARDINI
Subjects: after-sales service, approximation of laws, consumer protection, designs and models, industrial property, monopoly, motor vehicle industry, right to justice, single market, spare part













EUR-Lex - 91999E0088 - EN






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91999E0088

WRITTEN QUESTION No. 88/99 by Cristiana MUSCARDINI Legal protection of designs  


Official Journal C 320 , 06/11/1999 P. 0126 





WRITTEN QUESTION E-0088/99by Cristiana Muscardini (NI) to the Commission(27 January 1999)Subject: Legal protection of designsWith regard to Directive 98/71/EC(1) on the legal protection of designs, the Council rejected Article 14 (repair provision) which had been proposed by the European Parliament, and replaced it with Article 14a which ultimately makes that provision optional.As regards the Italian motorcycle market, where the use of second-hand spare parts and accessories is common, does the Commission consider that this:1. Perpetuates protectionist policies which cancel the benefits of the existence of alternative markets?2. Upsets the rules of the internal market by creating 15 different closed and protected national markets and plays into the hands of vehicle manufacturers who could have unlimited quantities of spare parts made in developing countries at extremely low prices and then resell them under their monopoly at very high prices?3. Penalises consumers who are made to pay higher prices for spare parts and thus for repairs, and consequently for insurance premiums?4. Will lead, for the above reasons, to the closure of a large number of small businesses producing spare parts?Answer given by Mr Monti on behalf of the Commission(16 March 1999)The Commission considers that the new Directive on legal protection of designs will make an important contribution to the smooth functioning of the internal market as regards goods embodying designs.The Commission regrets that it was not possible to agree on the harmonisation of the protection of spare parts at this stage. However, it is important to note that a repair clause would only have had an effect on a part of the market for spare parts, namely the after-market.The Directive harmonises certain important aspects of the legal protection of designs, but leaves the protection for spare parts at this stage non-harmonised. According to Article 14, Member States are to "freeze" their legal situation concerning spare parts except for those changes that will lead to a more liberalised market. The market will therefore, on this point, either remain unchanged or it will be more liberalised. Without changes in order to liberalise the market, consumers can expect to continue to pay the same prices as before the Directive came into force.Furthermore, it should be recalled that, according to Article 18 of the Directive, the Commission is required, three years after the implementation date 28 October 2001, to submit an analysis of the consequences of the provisions of the Directive for Community industry. A year later, the Commission must present proposals for any necessary amendments to the Directive in relation to the sectors concerned. The Commission will carry out the above mentioned task and make every effort to enable the Council and the Parliament to reach an agreement on spare parts when the Directive is revised.In the meantime, the Commission will also launch a consultation procedure with all interested parties, with the purpose of reaching a voluntary agreement among the parties concerned.(1) OJ L 289, 28.10.1998, p. 28.